Legal Opinion

Fidelity Insurance, Trust & Safe Deposit Co. v. Niven

Supreme Court of Delaware

Decided June 5, 1880Published

Writ of error to the Superior Court in and for New Castle county, heard before Saulsbury, Chancellor, and Houston and Wales, Judges.

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Writ of error to the Superior Court in and for New Castle county, heard before Saulsbury, Chancellor, and Houston and Wales, Judges. The bill of exceptions set forth that the trial of this cause at the May Term, 1879, after the plaintiff by its counsel had stated to the court and jury the facts upon which it would rely to maintain the issue on its behalf, the defendant by his counsel demanded of said plaintiff the production of an affidavit, commonly called a probate of the debt, against the said Bronough M. Deringer, deceased, sued for in this action, and thereupon the said plaintiff did…

1Opinion of the Court

WRIT of error to the Superior Court in and for New Castle county, heard before Saulsbury, Chancellor, and Houston and Wales, Judges. The bill of exceptions set forth that the trial of this cause at the May Term, 1879, after the plaintiff by its counsel had stated to the court and jury the facts upon which it would rely to maintain the issue on its behalf, the defendant by his counsel demanded of said plaintiff the production of an affidavit, commonly called a probate of the debt, against the said Bronough M. Deringer, deceased, sued for in this action, and thereupon the said plaintiff did…

2Cases cited7 opinions

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
  2. Crane v. Lessee of MorrisSupreme Court of the United States · 1832
  3. Bayard v. LombardSupreme Court of the United States · 1850
  4. Willard v. WarrenNew York Supreme Court · 1837
  5. Wheeler v. City of ChicagoIllinois Supreme Court · 1860

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