Burnett v. Sanders
New York Court of Chancery
BILL for a discovery of payments, alleged to have been made by the intestate, on his bond to the defendant, and which bond was then in suit at law. The bill charged, that 011 application to the defendant, she refused to admit the paymen ts.
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BILL for a discovery of payments, alleged to have been made by the intestate, on his bond to the defendant, and which bond was then in suit at law. The bill charged, that 011 application to the defendant, she refused to admit the paymen ts. The answer admitted the most material of the payments, and that the plaintiffs, previously to filing the bill, had called on her to make such admission, which she refused, because the fact of the payment to her had then escaped her recollection; and she did not believe that they had been made, though she had since, upon search and inquiry, and examination…
1Opinion of the Court
The Chancellor
dissolved the injunction, but without costs, as he thought this case formed an exception to the rule of practice, that when a plaintiff comes for a discovery, and obtains it, he shall pay the costs. Here the plaintiffs, who were administrators, first went to the defendant, and asked for an admission of certain specific payments, appearing from the accounts to have been made, and the defendant refused to give them the requisite satisfaction, and compelled them to come here for a discovery. As the payments were made to her, it was her duty to’have ascertained the fact, and to have…
2Cited by1 opinion
- Dennis v. RileySuperior Court of New Hampshire · 1850