Legal Opinion

Mooers v. White

New York Court of Chancery

Decided October 10, 1822PublishedCited by 51 opinions

THE plaintiff filed his bill on the 16th of December, 1818, against Moses White, executor, and Charlotte Hasen, executrix, of Moses Hazen, deceased, and Eddy TImrburs alleging, that Hazen,'at the time of his death, was indebted to him in above the sum of 5000 dollars, the balance of an unsettled account of dealings between them, from the 26th of July, 1783, to the time of Hazen’s death.

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THE plaintiff filed his bill on the 16th of December, 1818, against Moses White, executor, and Charlotte Hasen, executrix, of Moses Hazen, deceased, and Eddy TImrburs alleging, that Hazen,'at the time of his death, was indebted to him in above the sum of 5000 dollars, the balance of an unsettled account of dealings between them, from the 26th of July, 1783, to the time of Hazen’s death. That a part of this account was for services rendered by the plaintiff, as agent and attorney in fact of Hazen, constituted by letters of attorney, dated August 29th, 1787. That Hazen, by his will, dated…

1Opinion of the Court

The Chancellob,

The chief object of the bill is, to have the claim of the plaintiff, against the estate of Moses Hazen, liquidated and allowed, and paid out of the moneys in Court, being the proceeds of lot No. 62, in the Refugee Tract, in Clinton county. The bill admits, that without the aid of those moneys, the plaintiff is apprehensive he shall wholly lose his debt j and the prayer of the bill is, that his account may be settled and paid by the executor, or satisfied out of the moneys in Court. The answer of the defendant, White, as sole acting executor, states, that there are no assets…

2Cases cited6 opinions

  1. Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
  2. Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
  3. In re AllenMassachusetts Supreme Judicial Court · 1818
  4. Scott v. HancockMassachusetts Supreme Judicial Court · 1816
  5. Wyman v. BrigdenMassachusetts Supreme Judicial Court · 1808

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3Cited by51 opinions

  1. United States v. WillSupreme Court of the United States · 1980
  2. Taylor v. BenhamSupreme Court of the United States · 1847
  3. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  4. Conkling v. . WeatherwaxNew York Court of Appeals · 1905
  5. Matter of People (Melrose Ave.)New York Court of Appeals · 1922

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