Winsor v. Orcutt
New York Court of Chancery
These cases came, before the chancellor upon appeals from decrees of the vice chancellor of the fifth circuit, dismissing the complainant’s bills against the defendants respectively, with costs, upon the ground that the amount in controversy in each suit, exclusive of costs, did not exceed $ 100.
1Opinion of the Court
The Chancellor.
The vice chancellor was unquestionably right in supposing that these were suits concerning property, within the provision of the revised statutes in relation to the jurisdiction of this court. The object of each suit was to set aside a release, given by one of the nominal plaintiffs, in an action at law upon a bond. The rights of action, if any existed, upon the bonds in question in the suits at law, were choses in action, and were property. And the suits in this court, to set aside the releases of such choses in action, were suits concerning property; as contradistinguished…
2Cited by2 opinions
- Parrott v. ScottMontana Supreme Court · 1887
- Bruce v. ColemanOhio Superior Court, Cincinnati · 1855