Bank of Utica v. Messereau
New York Court of Chancery
This case came "before the court upon exceptions to a master’s report, allowing the exceptions to the joint and several answer of the defendants for insufficiency.
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This case came "before the court upon exceptions to a master’s report, allowing the exceptions to the joint and several answer of the defendants for insufficiency. The complainants were the purchasers of certain real estate, under a judgment and execution in their .favor against J. G. Messereau and others, which real estate, as they alleged in their bill, belonged to the defendant J. G. Messereau ; and the bill in this cause was filed to restrain the commission of waste during the time allowed by law for the redemption of the premises, and for an account and satisfaction of waste already…
1Opinion of the Court
The Chancellor.
The several exceptions of the defendants to the master’s report in this case are founded upon the erroneous supposition that a defendant by denying, by answer, the complainant’s title to discovery and relief, can excuse himself from making a full discovery of matters essential to the relief claimed by the bill in case the defence set up in the answer should turn out to be unfounded or untrue in fact. Even if the defendants in this case were right in the principle which has been contended for by their counsel, it is at least doubtful whether the facts stated in their answer, if…
2Cited by4 opinions
- Costello v. TaskerMassachusetts Supreme Judicial Court · 1917
- French v. A. H. Rainey & Co.Court of Appeals of Tennessee · 1876
- Law v. WilgeesU.S. Circuit Court for the District of Wisconsin · 1851
- Miles v. MilesSuperior Court of New Hampshire · 1853