Atkinson v. Manks
New York Supreme Court
Appeal from the Court of Chancery. Samuel Booth, a manufacturer, residing in the neighbourhood of Leeds, in England, in the month of September, 1811, commenced the shipping of manufactured goods to this country, and consigned them to William Manks, a merchant in the city of New-York, to be sold by him on commission. These shipments were continued until the mouth of November, 1819, when they ceased, in consequence of BootK’s affairs having become embarrassed.
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Appeal from the Court of Chancery. Samuel Booth, a manufacturer, residing in the neighbourhood of Leeds, in England, in the month of September, 1811, commenced the shipping of manufactured goods to this country, and consigned them to William Manks, a merchant in the city of New-York, to be sold by him on commission. These shipments were continued until the mouth of November, 1819, when they ceased, in consequence of BootK’s affairs having become embarrassed. On the 30Z/t of November, 1818, Manks stated the accounts between Booth and himself, when a balance of upwards of $16,000 was found to…
1Opinion of the CourtSutherland, J.
A preliminary objection as taken by the respondents, to so much of the appeal as relates to the decree made on the 13th Nov. 1821. It is contended that this decree was interlocutory—not final; and that the appeal should, therefore, have been entered within 15 days after the making of the decree.
By that decree, the Chancellor determined the bill of interpleader to have been properly filed. According to my view of the case, that was the material, and only material point, so far as the complainant was concerned, which the Court were called on to decide ; and the moment the decree was pronounced,…
2Cases cited3 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Green v. HartNew York Supreme Court · 1806
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
3Cited by40 opinions
- Killian v. EbbinghausSupreme Court of the United States · 1884
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Gaar v. Louisville Banking Co.Court of Appeals of Kentucky · 1874
- General Electric Credit Corporation v. T. R. Grubbs, D/B/A T. R. Grubbs Tire & ApplianceCourt of Appeals for the Fifth Circuit · 1971
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