McKinley v. Coe
New Jersey Court of Chancery
On petition by defendant for payment of proceeds of sale paid into court and exceptions to master’s report authorizing payment.
1Opinion of the Court
Emery, V. C.
In this case I reach the following conclusions upon the issues raised in the exceptions to the master’s report and the application at the hearing to open the proofs:
First. The application of petitioner made at the hearing on the exceptions to open the proofs must be denied. It appears by the evidence taken before the master on the first reference to him that petitioner then claimed that the note in question was signed in the presence of Mrs. McKinley. Necessary dili*72gence by petitioner to procure other proof than her own testimony as to the execution of the note has not been shown,…
2Cases cited2 opinions
- Smith v. SmithSupreme Court of New Jersey · 1889
- Joss v. MohnSupreme Court of New Jersey · 1893
3Cited by4 opinions
- Burr v. BloomsburgNew Jersey Court of Chancery · 1927
- In re McAuslandDistrict Court, D. New Jersey · 1916
- In Re BoyleNew Jersey Superior Court Appellate Division · 1943
- Small v. PryorNew Jersey Court of Chancery · 1905