Gouveneur v. Mayor of New-York
New York Court of Chancery
This was an application for an injunction. T he bill stated, among other things, that the father of Mrs. Gouveneur, one of the complainants, leased the Bank Coffee House, in the city of New-York, to the defendant Niblo, for the term of five years, from the first of May, 1827; that the lessee covenanted to pay the rent, arid all taxes and assessments whatsoever, ordinary and extraordinary,- imposed upon the premises during the term; that the lessor died in May, 1829, leaving…
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This was an application for an injunction. T he bill stated, among other things, that the father of Mrs. Gouveneur, one of the complainants, leased the Bank Coffee House, in the city of New-York, to the defendant Niblo, for the term of five years, from the first of May, 1827; that the lessee covenanted to pay the rent, arid all taxes and assessments whatsoever, ordinary and extraordinary,- imposed upon the premises during the term; that the lessor died in May, 1829, leaving Mrs. Gouveneur, his only child; that the premises descended to her as his heir at law; and that the defendant Doran was…
1Opinion of the Court
The Chancellor.
There can. be-no doubt of the.complainant’s equitable claim to have the assessment collected out of the personal property of the person who was the lessee and occupant of the premises at the time of the con- . iirmation of the report of the" commissioners. And it is a general principal of equity that where the- creditor has a remedy against two distinct funds, to enforce'payment of his debt, and "there, is a plain and manifest equity in favor qf the owner of one fund to have the debt collected from the other, the credito'r- shall resort to the fund which is properly chargeable…
2Cited by3 opinions
- Pierce v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1904
- Anderson v. WilsonIndiana Supreme Court · 1885
- Taylor v. PalmerCalifornia Supreme Court · 1867