Brown v. Story
New York Court of Chancery
The defendant, Story, commenced a suit at law against J. D. Brown, G. W. Brown and J. Brown, to recover a debt alleged to be due from them to him. The Browns then filed a bill in this court against Story for an account in relation to the same, and other matters, and obtained an injunction to restrain the proceedings in thé suit at'Iaw.
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The defendant, Story, commenced a suit at law against J. D. Brown, G. W. Brown and J. Brown, to recover a debt alleged to be due from them to him. The Browns then filed a bill in this court against Story for an account in relation to the same, and other matters, and obtained an injunction to restrain the proceedings in thé suit at'Iaw. Story, in his answer, set forth his claims against the complainants ; and also a large claim against J. Brown, one of the complainants individually. A replication was filed to the answer, and a reference made to a master to take an account of the transactions…
1Opinion of the Court
The Chancellor.
From the course Which the former application took, and under the peculiar circumstances of this case, I do not think the defendant is precluded from making the present application, on the new facts disclosed. But I see no cause to alter the opinion which I then expressed, that this is a case in which the cause of action survived to the complainants. The order entered in the register’s of® fice, without a special application to the court, was clearly irregular. But as the other would have been granted on a special application, under the circumstances now disclosed, it is…
2Cited by1 opinion
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