Renwick v. Wilson
New York Court of Chancery
BILL filed by the plaintiff, as administratrix of James ' Renwiclc, deceased, June 28, 1821. It stated, that the intestate, on the 27th of February, 1800, purchased of Nathaniel Olcott, twenty-five shares in. the New-York Insurance Company, for his own use, and paid for them with his own moneys, but bought the stock in the name of the defendant, Benjamin Gray, then residing in England.
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BILL filed by the plaintiff, as administratrix of James ' Renwiclc, deceased, June 28, 1821. It stated, that the intestate, on the 27th of February, 1800, purchased of Nathaniel Olcott, twenty-five shares in. the New-York Insurance Company, for his own use, and paid for them with his own moneys, but bought the stock in the name of the defendant, Benjamin Gray, then residing in England. That B. G. gave him a power of attorney * to receive the dividends, and he received them to his own use. No memorandum of the trust was made, or if made was lost. The intestate received the dividends, and never…
1Opinion of the Court
The Chancellor.
If this was the case of an ordinary bill not sworn to, the amendments would be admitted as of course, under the fifteenth rule of this Court, for the answer of the three principal defendants was excepted to for insufficiency, and the exception, on reference, has been allowed. But it is an injunction bill, and this makes the difficulty in the case. The 90th rule will not allow an amendment, as of course, before answer to a bill which has been sworn to. That rule, by the express terms of it, had reference to the 11th rule, and it does not apply to cases •arising under the 15th…
2Cited by8 opinions
- Stowell v. EldredWisconsin Supreme Court · 1870
- Kelly v. HurtSupreme Court of Missouri · 1881
- Pacific Railroad v. Missouri Pacific Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1881
- Tucker v. CarrSupreme Court of Rhode Island · 1898
- Walker v. AyresSupreme Court of Iowa · 1855
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