Skip to content


Mather Vs. Pratt - Court Judgment

LegalCrystal Citation
CourtUS Supreme Court
Decided On
Case Number4 U.S. 224
AppellantMather
RespondentPratt
Excerpt:
mather v. pratt - 4 u.s. 224 (1800) u.s. supreme court mather v. pratt, 4 u.s. 224 (1800) 4 u.s. 224 (dall.) mather v. pratt et al. supreme court of pennsylvania. december term, 1800 this was an action brought by the plaintiff, as indorsee and holder of several promissory notes, drawn by dorey and bayhir, in favour of joseph mussi, against the defendants, to whom dorey and bayhir had assigned all their estate, in trust for the payment, pro rata, of such of their creditors, as should, within a certain period, execute a general release; and the dividend of the non-assenting creditors was to be paid to them. the plaintiff had not executed the release; and, it was objected, that he could not sue the trustees, even for a dividend, in his own name,.....
Judgment:
MATHER v. PRATT - 4 U.S. 224 (1800)
U.S. Supreme Court MATHER v. PRATT, 4 U.S. 224 (1800)

4 U.S. 224 (Dall.)

Mather
v.
Pratt et al.

Supreme Court of Pennsylvania.

December Term, 1800

THIS was an action brought by the plaintiff, as indorsee and holder of several promissory notes, drawn by Dorey and Bayhir, in favour of Joseph Mussi, against the defendants, to whom Dorey and Bayhir had assigned all their estate, in trust for the payment, pro rata, of such of their creditors, as should, within a certain period, execute a general release; and the dividend of the non-assenting creditors was to be paid to them. The plaintiff had not executed the release; and, it was objected, that he could not sue the trustees, even for a dividend, in his own name, without performing the condition precedent.

THE COURT.

The COURT were unanimously, and clearly, of this opinion; and the plaintiff suffered a non-suit. [ Footnote 1 ]

M. Levy, for the plaintiff.

Dallas, for the defendant. Footnotes

Footnote 1 After this non-suit, the plaintiff issued a foreign attachment against Dorey and Bayhir, and attached the dividend in the hands of the defendants; which was, eventually, recovered.[ Mather v. Pratt

Footnote 4 U.S. 224 (1800) ]




Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //