Willet v. Fayerweather
New York Supreme Court
In Eqouity. This was an application by the defendant, for leave to withdraw a plea, and file an answer. The defendant is administrator of S. Price, deceased, against whom the plaintiff had recovered a judgment previous to his decease. The plaintiff filed his bill in this cause, which charges the defendant with colluding with another judgment creditor of the intestate to give him a priority over the plaintiff’s judgment, contrary to equity.
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In Eqouity. This was an application by the defendant, for leave to withdraw a plea, and file an answer. The defendant is administrator of S. Price, deceased, against whom the plaintiff had recovered a judgment previous to his decease. The plaintiff filed his bill in this cause, which charges the defendant with colluding with another judgment creditor of the intestate to give him a priority over the plaintiff’s judgment, contrary to equity. The defendant interposed a plea, alleging that the plaintiff, being a solicitor of this court, purchased the judgment in question for the purpose of…
1Opinion of the CourtEdmonds, J.
The language of the chancellor in Hoffman v. Livingston, (1 John. Ch. Rep. 211,) and of the vice chancellor in Ray v. Conner, (3 Edw. 478,) explicitly condemns this motion.(a) The “new matter” which will alone justify the renewal of a motion, without leave, must be something which has happened, or for the first time come to the knowledge of the party moving, since the decision of the former motion. Such is not this case. Every ground on which this application is founded existed at the time of the former motion, and was *74then as well known to the defendant as it is now. This motion cannot,…
2Cases cited2 opinions
- Mithell v. AllenNew York Supreme Court · 1835
- Ray v. ConnorNew York Court of Chancery · 1841
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- Robinson v. SatterleeU.S. Circuit Court for the District of California · 1874
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