Knapp v. Alvord
New York Court of Chancery
This case came before the court upon exceptions to the report of a master, to whom it was referred to take and state the account of the defendant, as the administratrix of W. Alvord, deceased, and to report the amount due to the complainant and to the other creditors of the decedent.
Read the full summary
This case came before the court upon exceptions to the report of a master, to whom it was referred to take and state the account of the defendant, as the administratrix of W. Alvord, deceased, and to report the amount due to the complainant and to the other creditors of the decedent. And the only question was as to the right of J. Meads to retain, out of the estate of the decedent, the amount of two notes upon which he was endorser j the estate of the decedent being insufficient to pay all his debts. The master decided in favor of the right of Meads to retain, and allowed to the…
1Opinion of the Court
The Chancellor.
The personal mortgage to Whitney not being filed till after the death of Alvord, and not being accompanied by an immediate delivery and continued possession of the property, it may be doubtful whether it was sufficient to give Whitney, who was liable to Meads as the last endorser of the note of $1800, a preference in payment over the other creditors of Alvord. This case, however, does not turn upon that question; as I am satisfied that an equitable. lien upon the property was created by the special clause in the power, in reference to the $1800 note and to notes drawn by Alvord…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by28 opinions
- Christmas v. RussellSupreme Court of the United States · 1872
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Hawley v. SmithIndiana Supreme Court · 1873
- Hutchins v. . HebbardNew York Court of Appeals · 1865
- Hunter v. Mutual Reserve Life InsuranceNew York Court of Appeals · 1906
23 more not listed; retrieve them via the Exa API.