Geer v. Kissam
New York Court of Chancery
Motion to dissolve an injunction on bill and answer. The bill set forth that the complainant, Seth Geer, had entrusted the defendant, Joseph King, with a promissory note for two thousand dollars to be discounted or have money raised upon it and the amount paid over to the complainant; but that, instead of doing so, King had passed it away to the defendant Samuel Kissam in part payment of real estate, who had after-wards passed it away to the other defendants, Timothy T.…
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Motion to dissolve an injunction on bill and answer. The bill set forth that the complainant, Seth Geer, had entrusted the defendant, Joseph King, with a promissory note for two thousand dollars to be discounted or have money raised upon it and the amount paid over to the complainant; but that, instead of doing so, King had passed it away to the defendant Samuel Kissam in part payment of real estate, who had after-wards passed it away to the other defendants, Timothy T. Kissam and John M. B. Bogert, trading under the style of T. T. Kissam and Co. It also set forth that the latter firm had…
1Opinion of the Court
The Vice-Chancellor :
A discovery here is not necessary for the purposes of evidence on the trial at law. The complainant can call Samuel Kissam as a witness and compel him to testify how and for what consideration he obtained the note from King and upon what consideration and for what purpose he passed the note to the plaintiffs in the suit at law. Having, however, obtained the discovery by the answers of the defendants : is there any necessity for retaining the injunction to the hearing for the purposes of relief in this court Í If, as the complainant contends, the defendants who have…
2Cases cited1 opinion
- Morton v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by3 opinions
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
- Ritterhoff v. Puget Sound National BankWashington Supreme Court · 1905
- Hoffman v. TreadwellThe Superior Court of New York City · 1875