Homer v. Savings Bank
Supreme Court of Connecticut
This was a case reserved, by the superior court, sitting in chancery, for the consideration of this Court, on a cross-bill filed by the plaintiffs, against the original bill of the Savings Bank, sundry depositors and creditors of the Eagle Bank and the Eagle Bánk ; which was tried before Bissell, J., at an adjourned term of the superior court, at New-Haven, in June, 1829. On the 19th of September, 1825, William C. Holly and Normand Dexter, being largely indebted to the Eagle…
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This was a case reserved, by the superior court, sitting in chancery, for the consideration of this Court, on a cross-bill filed by the plaintiffs, against the original bill of the Savings Bank, sundry depositors and creditors of the Eagle Bank and the Eagle Bánk ; which was tried before Bissell, J., at an adjourned term of the superior court, at New-Haven, in June, 1829. On the 19th of September, 1825, William C. Holly and Normand Dexter, being largely indebted to the Eagle Bank, made an assignment of 3500 tons of iron to George Hoadly, the president of the bank, in part payment of fheir…
1Opinion of the CourtBissell, J.
The right of the plaintiffs to have any part of the fund in question applied to their benefit, must depend upon a construction of the assignment, and upon the facts found in the case. Before, however, attending to these, it may be proper, very briefly, to review the authorities relied on, by the plaintiffs, in support of their claim, and to see how far the principle established by those authorities' is applicable to the ease before us.
In Maure v. Harrison, 1 Eq. Ca. Abr. 93. it was adjudged, that a bond creditor “ shall in chancery have the benefit of all the counter bonds or collateral…
2Cases cited4 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Phillips v. ThompsonNew York Court of Chancery · 1817
- Shepard v. ShepardSupreme Court of Connecticut · 1825
- Tiffin v. TiffinSupreme Court of Pennsylvania · 1809
3Cited by24 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
- New-London Bank v. LeeSupreme Court of Connecticut · 1835
- Hawkins v. Fourth National Bank of New YorkIndiana Supreme Court · 1898
- Jones v. Quinnipiack BankSupreme Court of Connecticut · 1860
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