Rogers v. Hosack's Executors
New York Supreme Court
[320] [321] [322] [323] Appeal from, chancery. On 27th April, 1824, A. Grade, C. King and W. Gracie, (constituting the firm of Archibald Grade & Sons,) executed an assignment to C. Wilkes and J. Goodhue, of the city óf New-York, whereby, after reciting that they were indebted to certain -persons named in a schedule annexed to the assignment, in the amount set opposite to their respective name's, Which debts they alleged they were then finable to pay, 'but were willing to…
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[320] [321] [322] [323] Appeal from, chancery. On 27th April, 1824, A. Grade, C. King and W. Gracie, (constituting the firm of Archibald Grade & Sons,) executed an assignment to C. Wilkes and J. Goodhue, of the city óf New-York, whereby, after reciting that they were indebted to certain -persons named in a schedule annexed to the assignment, in the amount set opposite to their respective name's, Which debts they alleged they were then finable to pay, 'but were willing to provide for the payment and security thereof; and after also reciting that they (the assignors) were justly and legally…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Justice Cowen.
One of the points sought, to be raised on these appeals is certainly premature. Assuming that the principle of apportionment adopted by the chancellor under the articles of 1824, is to stand, the error of $1000 in calculating the arithmetical distribution, should have been corrected, or at least a motion should have, been made for that purpose in. the court below; and that motion might still be made on remitting the- proceedings, though accompanied with our order of affirmance. The chancellor’s order in which, the…
2Cases cited5 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clark v. MauranNew York Court of Chancery · 1831
- Barrington v. Bank of WashingtonSupreme Court of Pennsylvania · 1826
3Cited by31 opinions
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Creed v. . HartmannNew York Court of Appeals · 1864
- Wheeler v. FarmerCalifornia Supreme Court · 1869
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Burnett v. . SnyderNew York Court of Appeals · 1880
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