Addison Gardiner
Addison Gardiner | |
---|---|
District Attorney of Monroe County, New York | |
In office 1827–1829 | |
Preceded by | Daniel D. Barnard |
Succeeded by | Daniel D. Barnard |
Personal details | |
Born | Rindge, New Hampshire | March 19, 1797
Died | June 5, 1883 Rochester, New York | (aged 86)
Resting place | Mount Hope Cemetery, Rochester, New York |
Political party | Democratic |
Spouse | Mary Selkrigg (m. 1831-1869, her death) |
Children | 2 |
Parent(s) | William Gardner Rebecca (Raymond) Gardner |
Education | Union College |
Profession | Attorney |
Addison Gardiner (March 19, 1797 – June 5, 1883) was an American lawyer and politician who served as the
Early life and career
Gardiner was born in Rindge, New Hampshire, on March 19, 1797, the son of William Gardner and Rebecca (Raymond) Gardner.[1] The family eventually settled in Manlius, New York, where William Gardner became a successful businessman. Gardner's sons, including Addison, later decided to restore the original spelling of their family name, Gardiner. Addison Gardiner was educated at Manlius Academy, and received his degree from Union College in 1819. He was later admitted to the college's Philomathean Society as an honorary member. In 1851, Gardiner received the honorary degree of LL.D. from the University of Rochester.
After college, Gardiner
D.A. and Circuit Judge
In 1827, Gardiner was appointed District Attorney of Monroe County. From 1829 to 1838, he was Judge of the
Lieutenant Governor and Court of Appeals
In November 1844, he
Gardiner was among the first judges elected on June 7, 1847, to the new New York Court of Appeals. On June 22, he drew the longest term (eight years and a half), and took office on July 5, according to the new State Constitution adopted in 1846. To fill the vacancy in the office of lieutenant governor, a special election was held at the annual State elections, and Fish was elected for the remainder of Gardiner's unexpired term. Gardiner became chief judge in 1854, and held the office until the end of 1855 when his term expired.
His opinions
Judge Gardiner's opinions are reported in Denio's, Comstock's, Selden's and the first three volumes of Reman's reports. Among them are the cases of:
- Miller v. Gable (2 Denio, 492), on charitable uses, holding that chancery, under its general jurisdiction over trusts, will interfere, on behalf of members of a religious corporation to which a fund has been granted, to prevent it from diverting the fund to promote the teaching of doctrines essentially variant from those designated, but not as to lesser shades of doctrine.
- Mayor of New York v. Baily (2 Denio, 433), holding that an action on the case for malfeasance will be against the corporation; if the city be empowered by statute to construct works, the state reserving the power to appoint commissioners to superintend the construction, the acceptance of the act by the city renders it liable for injuries arising for want of skill, or neglect, in building the works.
- Danks v. Quackenbush (1 Comstock, 129), in which he dissented, with three others of the judges, constituting one-half of the court, from the opinion of the four others, that the act of 1842, extending the exemption of personal property from the sale under execution, is unconstitutional and void as to debts contracted before its passage.
- Leggett v. Perkins (2 Comstock, 267), holding that a trust to receive and pay over the rents and profits of land was valid, under the statute authorising a trustee to receive the same and apply them to the use of any person.
- People v. Schuyler (2 Comstock, 173), reversing the decree of the Supreme court, and holding that if the sheriff after the jury have found for a claimant, refuses to deliver the property, the surety on his official bond is liable, though the creditor does not indemnify him, and, where he requires and receives indemnity before selling and judgment is afterwards recovered against him for the erroneous seizure, his sureties, on payment of the judgment, are entitled to be subrogated to the indemnity.
- Chautauqua Co. Bank v. White (2 Selden, 236), holding that an assignment by the debtor to the receiver of all his real property leaves no residuary interest in the debtor, and reversing the decree of the Supreme court, and affirming that of the vice-chancellor.
- Nicholson v. Leavitt (2 Selden, 510), reversing with the concurrence of all the judges, the judgment of the Superior court of the city of New York, and holding that an assignment by insolvent debtors of their property to trustees for the benefit of their creditors, with an authorisation to the trustees to sell the assigned property upon credit, is fraudulent and void as against the creditors of the assignees.
- Talmage v. Pell (3 Selden, 328), on the powers of banking associations, reversing the judgment of the Supreme court.
- Kundolf v. Thalheimer (2 Kernan, 593), on the powers of county courts, reversing the judgment of the Supreme court.
Later life
After his retirement from the Court of Appeals he continued to lend his aid in the administration of justice as a referee. For twenty years, he arbitrated many important causes. He died in Rochester and was buried at Mount Hope Cemetery in Rochester.
Family
In 1831 he married Mary Selkrigg. Their children were Charles A. Gardiner and Celeste M. Gardiner. His oldest brother, William Gardiner, (1787-ca. 1855), resided several years in
Legacy
Addison Gardiner is the namesake of Gardiner, New York.[2]
Notes
- ^ Historical Society of the New York Courts | New York Legal History / Legal Luminaries : New York State Court of Appeals Retrieved 2018-08-15.
- ^ Gannett, Henry (1905). The Origin of Certain Place Names in the United States. Govt. Print. Off. p. 134.
Sources
- Papers of Victory Birdseye The Chancellor Robert R Livingston Masonic Library of Grand Lodge
- [1] Death notice, in NYT on June 6, 1883
- The New York Civil List compiled by Franklin Benjamin Hough (pages 32, 348 and 356; Weed, Parsons and Co., 1858)