New-London Bank v. Lee
Supreme Court of Connecticut
This was a bill in chancery. The material facts stated in the bill and found by the committee) were the following. The defendants, Henry S. Lee and Samuel H. P. Lee, jr., manufacturers in company under the firm of H. & S. Lee, in the summer and autumn of 1832, made five promissory notes, payable at the New-London Bank, to the order of Samuel H. P. Lee, also one of the defendants) which notes were endorsed by him, and were transferred to and discounted by the New-London Bank,…
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This was a bill in chancery. The material facts stated in the bill and found by the committee) were the following. The defendants, Henry S. Lee and Samuel H. P. Lee, jr., manufacturers in company under the firm of H. & S. Lee, in the summer and autumn of 1832, made five promissory notes, payable at the New-London Bank, to the order of Samuel H. P. Lee, also one of the defendants) which notes were endorsed by him, and were transferred to and discounted by the New-London Bank, for the benefit of H. & S. Lee. They also made three other promissory notes, payable at the Union Bank, to the order of…
1Opinion of the CourtChurch, J.
That the debts of the plaintiffs are justly due, and such as the defendants, H. & S. Lee, are bound, as well at law as in conscience, to pay, is undisputed; and the important question is, whether the remedy sought is such as a court of equity will apply.
The original debtors, H. & S. Lee, by their mortgage deed to Samuel H. P. Lee, of 16th of October, 1832, made to indemnify him against these demands of (he plaintiffs, as well as against the claims of others, as averred in the bill, and described in the condition of said mortgaged deed, appropriated the estate thus described as a fund, to…
2Cases cited12 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Mallow v. HindeSupreme Court of the United States · 1827
- Harding v. WheatonSupreme Court of the United States · 1826
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3Cited by22 opinions
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Wallace v. LawyerIndiana Supreme Court · 1876
- Brown v. GatesWest Virginia Supreme Court · 1879
- Crowell v. Hospital of Saint BarnabasSupreme Court of New Jersey · 1876
- Durham v. CraigIndiana Supreme Court · 1881
17 more not listed; retrieve them via the Exa API.