Mahoney v. Healy
Court of Chancery of Delaware
Demurrer to Bill in Equity : The bill is demurred to on the ground of multifarious ness. It was brought by certain grandchildren of Winifred Cottingham, deceased, having a common interest, to recover their shares in certain real and personal property obtained, as is alleged, from Winifred Cottingham while she was mentally incompetent through fraud of the defendant, Margaret A. Healy, and other persons unknown.
Read the full summary
Demurrer to Bill in Equity : The bill is demurred to on the ground of multifarious ness. It was brought by certain grandchildren of Winifred Cottingham, deceased, having a common interest, to recover their shares in certain real and personal property obtained, as is alleged, from Winifred Cottingham while she was mentally incompetent through fraud of the defendant, Margaret A. Healy, and other persons unknown. In this way a deed conveying to the defendant Margaret A, Hea1y, real estate in the name of Winifred Cottingham was obtained from Winifred Cottingham and Robert T. Cottingham, her…
1Opinion of the Court
The Chancellor:
It is easier to lay down general principles defining multifariousness than to apply them to particular cases. Courts will not, on the one hand, encourage an unnecessary multiplicity of suits, and, pn the other hand, will not allow the plaintiff to join in his bill a multiplicity of different and distinct matters, so as to embarrass the defendant in his defense, or produce confusion, or to render the case complicated and difficult to be understood. Several matters perfectly distinct and having no relation one to the other, and no common foundation, cannot be united in one bil'…
2Cases cited2 opinions
- Griffin v. MerrillCourt of Appeals of Maryland · 1856
- Beatty v. HinckleyU.S. Circuit Court for the District of Southern New York · 1880
3Cited by4 opinions
- Hopper v. Fesler Sales Co.Court of Chancery of Delaware · 1916
- Cahall v. LoflandCourt of Chancery of Delaware · 1920
- Mahoney v. HealyCourt of Chancery of Delaware · 1914
- Hastings v. H. M. Byllesby & Co.Court of Chancery of Delaware · 1943