Legal Opinion

Heartt v. Corning

New York Court of Chancery

Decided October 2, 1831PublishedCited by 18 opinions

To all that part of the bill which related to errors in the books of the company, by supposed improper credits to Smith, or by the neglect to make proper charges against him, or to the neglect to give all proper credits to the complainant, and to that part which sought to charge Smith with the losses upon monies loaned or endorsements made for the accommodation of other persons, or which related to the bank stock subscribed for or purchased by Smith with the funds of the…

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To all that part of the bill which related to errors in the books of the company, by supposed improper credits to Smith, or by the neglect to make proper charges against him, or to the neglect to give all proper credits to the complainant, and to that part which sought to charge Smith with the losses upon monies loaned or endorsements made for the accommodation of other persons, or which related to the bank stock subscribed for or purchased by Smith with the funds of the firm, or which related to any other errors in the books of the company previous to the first of January, 1812, the…

1Opinion of the Court

The Chancellor.

It is necessary in the first place lo dispose of a question of form, as .to the verification of the plea. The complainant having waived an answer on oath, the defendant’s counsel supposed the waiver extended to the plea, which in this case is connected with the answer, as the plea covers only a part of the bill. A plea for some purposes may be considered a special answer. And for this reason it has been held that the defendant might put in a plea to the whole bill, under the usual order for time to answer, although the de=. fendant in such a case is not permitted to demur. (2…

2Cited by18 opinions

  1. Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
  2. Farley v. KittsonSupreme Court of the United States · 1887
  3. Pharis v. LeachmanSupreme Court of Alabama · 1852
  4. Raymond v. SimonsonIndiana Supreme Court · 1835
  5. Crump v. PerkinsSupreme Court of Florida · 1881

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