Metler's Administrators v. Metler
New Jersey Court of Chancery
This suit is for discovery and relief. It is brought by John Kinney anti Charity A. Metier, administrators of Charles W. Metier, deceased, against Orison Metier and Delilah Metier. •Charity A. Metier is the widow of the intestate, and the defendants are his father and mother.
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This suit is for discovery and relief. It is brought by John Kinney anti Charity A. Metier, administrators of Charles W. Metier, deceased, against Orison Metier and Delilah Metier. •Charity A. Metier is the widow of the intestate, and the defendants are his father and mother. The bill sets forth that the complainant was married to the intestate in 1862; that they resided at Phillipsburgh, in Warren county, and had one child, who is still living; that the intestate owned a house and lot in which they lived, worth ■about fifteen hundred dollars; that in the year 1865 the intestate, through the…
1Opinion of the Court
The Chancellor.
The first question is, whether the complainants are entitled to the relief sought for. That relief is to have a perpetual injunction against the proceedings at law, and to have the note delivered up to be canceled.
*273The note, being without consideration, is void, and cannot be recovered upon at law. And it is contended that, as the complainants have a complete defence at law, they cannot resort to equity. Such, no doubt, is the general rule, and were the present suit at law the only matter to he relieved against, it might decide this case. But here is a note, not void on its…
2Cases cited5 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Marsh v. PotterNew York Supreme Court · 1860
- Schaffner v. ReuterNew York Supreme Court · 1862
- Babbott v. ThomasNew York Supreme Court · 1859
- Hooper v. HooperNew York Supreme Court · 1865
3Cited by5 opinions
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- Prudential Ins. Co. v. Merritt-ChapmanNew Jersey Court of Chancery · 1932
- Commercial Trust, C., Bank v. HamiltonNew Jersey Court of Chancery · 1926
- Morgan Realty Co. v. PazenNew Jersey Court of Chancery · 1927
- Ollendorf v. HirschNew Jersey Court of Chancery · 1935