Smith v. Smith
New York Court of Chancery
THIS cause came on to be heard, upon the equity reserved, in the decree overruling the exceptions to the Master’s report. (Vide, ante, S. C. p. 281.) The points now raised and argued, are sufficiently stated in the opinion delivered by the Court.
1Opinion of the Court
The Chancellor.
This cause coming bn to be heard upon the equity reserved, the plaintiff contends,
1. That provision ought to be made in the decree for the indemnity of the plaintiff, in case any of the notes charged by the Master to the plaintiff, and credited to the defendants, should prove to be bad.
It is to be observed, that an exception was taken to the report by reason of that charge and allowance, and the same was overruled on the 8th day of January last. According to the doctrine of that decision, the guardian was entitled to be credited for the notes which he had ready to deliver,…
2Cases cited1 opinion
- Consequa v. FanningNew York Court of Chancery · 1818
3Cited by1 opinion
- Shepard v. AkersCourt of Appeals of Tennessee · 1876