Christie v. Bishop
New York Court of Chancery
This case came before the chancellor upon an appeal from a decree of the late vice chancellor of the sixth circuit. In June, 1833, the complainant procured a loan, from the defendant Bishop and T. Hance deceased, for which he gave to them his bond and warrant for $2500; upon which they caused a judgment to be entered up in the supreme court. Hance subsequently died, and Bishop, together with the defendant E. Hance administered upon his estate.
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This case came before the chancellor upon an appeal from a decree of the late vice chancellor of the sixth circuit. In June, 1833, the complainant procured a loan, from the defendant Bishop and T. Hance deceased, for which he gave to them his bond and warrant for $2500; upon which they caused a judgment to be entered up in the supreme court. Hance subsequently died, and Bishop, together with the defendant E. Hance administered upon his estate. In June, 1841, an execution was issued upon the judgment, in favor of Bishop as the surviving plaintiff in such judgment; under which execution the…
1Opinion of the Court
The Chancellor.
The answer of Bishop admits facts which show, as against him, that the original bond and warrant were given to secure a usurious loan. And as the legal title to the judgment was in him by survivorship, and as he was also one of the personal representatives of Hance, his co-plaintiff in the judgment, the vice chancellor was right in supposing his answer was also sufficient proof of the facts, so far as the estate of Hance was interested in the judgment. Again; E. Hance has joined in the answer with Bishop, and sworn to her belief of the truth of the several matters which, in the…
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