Farmers' Loan & Trust Co. v. Carroll
New York Supreme Court
In Equity. This case came before the court upon pleadings and proofs, in pursuance of an order made at special term directing the hearing to be had at general term.
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In Equity. This case came before the court upon pleadings and proofs, in pursuance of an order made at special term directing the hearing to be had at general term. The facts, so far as are necessary to be stated in order to understand the opinion of the court, were substantially as follows: On the 9th day of December, 1837, the defendant Charles H. Carroll wrote to the president of the Farmers’ Loan and Trust Company as follows, viz.: “ New-York, Dec. 9 th, 1837. To Mr. Curtis, president of the Farmers' Loan Company. Sir. I wish to create a trust with your company of about 2800 acres of land…
1Opinion of the Court
By the Court, Welles, J.
This cause has been argued with all the learning and ability demanded by the amount in controversy, and the importance of the principles involved *642Many topics have been discussed in the arguments, as illustrative of the principal grounds of controversy, upon which, however, in the view I have taken of the merits of the cause, it is not necessary to express an opinion. I shall, therefore, confine myself to the exposition of those questions and principles, which, in my judgment, dispose of the whole litigation, as far as they appear proper for the final adjudication of…
2Cases cited1 opinion
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