Reports of Cases Adjudged in the Court of Chancery of New York, Vol. 6
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Excerpt from Reports of Cases Adjudged in the Court of Chancery of New York, Vol. 6: Containing the Cases From January to December, 1823, Both Inclusive A partner, who goes abroad on his personal affairs, is not entitled to charge his personal expenses to the copartnership. A trustee is not entitled to commissions. A trustee, who mingles the trust money with his own, and uses it as his own, must pay interest. Bill of revivor and supplement, (filed March 3, 1821,) by the administrators of John P. Mumford, deceased, against defendant. The material parts of the original pleadings were as follows: The original bill, filed by the intestate, in September, 1818, stated, that he and the defendant were formerly partners in trade, under the firm of Murray and Mumford, in the city of New-York; that Robert Murray and Co., being largely indebted to M. & M. and others, on the 23rd of March, 1798, executed an assignment of certain property, therein specified, to the defendant, and John Innes Clark, in trust, to pay the defendant and Clark the debts due to them, and such other creditors of the assignors, as they should, within twelve months thereafter, by deed, appoint and declare. That on the 24th of March 1798, the assignees made a declaration in writing of the uses of the trust property; and on the 21st of March, 1799, they revoked the appointments so made, and declared other and further trusts; and, again, on the 22d of March, 1799, made another declaration of trusts, in respect to the property so assigned to them; and, afterwards, on the 31st of May, 1800, made a final instrument, reciting the former deeds, and appointing and declaring the uses and trusts, in relation to the property so assigned to them. That Robert Murray, afterwards, became a bankrupt, and his assignees filed a bill against the defendant and Clark, as trustees of Robert Murray and Co., in November, 1807; and the defendant became the sole trustee, and the suit was revived against the executors of Clark. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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