Whitaker v. Gavit
Supreme Court of Connecticut
This was a bill in chancery, brought by Edwin Gavit and others against Horace Whitaker, Jedediah Williams and George W. Clark, praying the court to establish an assignment made by Clark in trust for his creditors, and give the plaintiffs the benefit of it, and also enjoin Whitaker against the further prosecution of a writ of scire-facias which he had brought against Williams. The case stated in the bill was as follows.
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This was a bill in chancery, brought by Edwin Gavit and others against Horace Whitaker, Jedediah Williams and George W. Clark, praying the court to establish an assignment made by Clark in trust for his creditors, and give the plaintiffs the benefit of it, and also enjoin Whitaker against the further prosecution of a writ of scire-facias which he had brought against Williams. The case stated in the bill was as follows. Clark, having a claim against Williams for willfully and maliciously mutilating a certain model of a propeller which he was building for Williams, with intent to interrupt him…
1Opinion of the CourtEllsworth, J.
The first error complained of, is, that the court below decided, that the plaintiffs had an equitable title to the chose in question. In this, we think, there is error. The plaintiffs pretend' to no title, except one from Giles M. Eaton, a trustee, substituted, by the court of probate, for Edward Chappel. From whence did Eaton derive his title, if the chose in action was not, as confessedly it was not, in the assignment? the ‘«-design, intention and agreement of Clark” (though with whom it is not said,) to the contrary, *526notwithstanding. Since Clark has not, by any general or particular…
2Cases cited5 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hunt v. RhodesSupreme Court of the United States · 1828
- Scott v. ThorpNew York Court of Chancery · 1835
- Shoemaker v. KeelySupreme Court of the United States · 1793
- Shoemaker v. KeeleySupreme Court of Pennsylvania · 1793
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- Westchester Fire Insurance v. Allstate InsuranceSupreme Court of Connecticut · 1996
- Berlinski v. OvelletteSupreme Court of Connecticut · 1973
- Gurski v. Rosenblum and Filan, LLCSupreme Court of Connecticut · 2005
- City National Bank v. City of BridgeportSupreme Court of Connecticut · 1929
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