Judd v. Seaver
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the eighth circuit. The facts in the case, so far as they could be ascertained by the admissions of the defendant Follett in the joint and several answer put in by him and his copartner Á. C. Stevens, were as follows : On the 8th of June, 1832, A. Hawkins, one of the complainants, came to the office of Follett & Stevens, who were brokers—Follett alone being present—and offered to sell them a negotiable note…
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This was an appeal from a decree of the late vice chancellor of the eighth circuit. The facts in the case, so far as they could be ascertained by the admissions of the defendant Follett in the joint and several answer put in by him and his copartner Á. C. Stevens, were as follows : On the 8th of June, 1832, A. Hawkins, one of the complainants, came to the office of Follett & Stevens, who were brokers—Follett alone being present—and offered to sell them a negotiable note which Hawkins then had in his possession, for the sum of $300, drawn by G. J. Judd and endorsed by L. Judd, the other…
1Opinion of the Court
The Chancellor.
I think there can be very little doubt as to what were the real merits of this case ; but there certainly is considerable difficulty in determining what is the proper decree to be made in the cause to protect the equitable rights of the several parties, who appear upon the record to have separate and distinct interests in relation to the subject of litigation. Upon a careful examination of the subject, however, I have arrived at the conclusion that the decree appealed from is erroneous, not only in form, but to a certain extent in substance.
One difficulty in the case arises out…
2Cases cited2 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by6 opinions
- Lovett v. German Reformed ChurchNew York Supreme Court · 1851
- Thomas v. MasonCourt of Appeals of Maryland · 1849
- Vanderveer v. HolcombSupreme Court of New Jersey · 1866
- Barraque v. Siter, Price & Co.Supreme Court of Arkansas · 1849
- In re ManyDistrict Court, S.D. New York · 1877
1 more not listed; retrieve them via the Exa API.