Legal Opinion

President of the Gardiner Bank v. Wheaton

Supreme Judicial Court of Maine

Decided May 15, 1832PublishedCited by 6 opinions

Bill in equity. The plaintiffs alleged that they were judgment creditors of Wheaton, who had conveyed his property to Prince, the other defendant, to defraud them of their due.

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Bill in equity. The plaintiffs alleged that they were judgment creditors of Wheaton, who had conveyed his property to Prince, the other defendant, to defraud them of their due. It was set forth in the bill that Wheaton was the owner of the two stores, and the land under them; that in June, 1827, being indebted to the Tho.maston bank in about eighteen hundred dollars, he agreed with John Gleason, Halsey Healey and William Cole, to become responsible for that debt, which they did; and to indemnify them he conveyed to them these stores and land; taking back their written engagement, not under…

1Opinion of the Court

The opinion of the Court was read at the following September term, as drawn up by

Mellen C. J.

This cause comes before us upon bill and answer. The plaintiffs have abandoned a part of the charges in the bill; and the attention of counsel has been confined to two particulars only. 1st. The nature of the conveyances of the two stores and the land connected with them, and of the title of Prince under those conveyances. 2d. The receipt of eight hundred and sixty-seven dollars and thirty-four cents, of Cole by Prince, belonging to Wheaton. As the deed of June, 1827, executed by Wheaton to Gleason,…

2Cases cited7 opinions

  1. Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Boyd v. M'LeanNew York Court of Chancery · 1815
  3. Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
  4. Hendricks v. RobinsonNew York Court of Chancery · 1817
  5. Brinkerhoff v. BrownNew York Court of Chancery · 1820

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3Cited by6 opinions

  1. Schaible v. ArdnerMichigan Supreme Court · 1893
  2. O'Connell v. TaneySupreme Court of Colorado · 1891
  3. Cook Bros. & Co. v. Burnham, Hanna, Munger & Co.Court of Appeals of Kansas · 1896
  4. Detroit, Bay City & Western Railroad v. LavellMichigan Supreme Court · 1923
  5. Eichenberg v. MarcySupreme Court of Rhode Island · 1893

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