Gouverneur & Bibby v. Tillotson
New York Court of Chancery
Hearing on bill and demurrer. The bill showed that the complainant, Gouverneur, as late post-master in New-York, had unsettled claims with the post» office department; and a suit had been instituted against him in the circuit court of the United States for the Southern Dis- . . trict of New-York.
Read the full summary
Hearing on bill and demurrer. The bill showed that the complainant, Gouverneur, as late post-master in New-York, had unsettled claims with the post» office department; and a suit had been instituted against him in the circuit court of the United States for the Southern Dis- . . trict of New-York. That, at the same time, an action was instituted in the same court on a certain bond executed by the complainant and the defendant Tillotson and one Knox as his sureties to the post-master general of the United States in the sum of thirty thousand dollars. That, in the latter action, a verdict had…
1Opinion of the Court
The Vice-Chancellor :
All that preceded the giving of the bond by the defendant and the entering into the agreement of the twelfth of March, one thousand eight hundred and thirty-eight, is merged in the bond and agreement. Whatever there was of a trust or of the nature of a trust cognizable in equity in relation to the money in the hands of the defendant, due and owing to the complainant Gouverneur or belonging to him and deposited with the defendant for a special purpose or otherwise, was converted, by the settlement and the acceptance of the bond, into an ordinary debt by specialty, payable…
2Cited by3 opinions
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
- Newton v. Otselic Valley National BankAppellate Division of the Supreme Court of the State of New York · 1928
- Dias, Jr. v. United StatesUnited States Court of Federal Claims · 2020