Pollard v. Lyman
Supreme Court of Connecticut
In the Court below, hp A HIS was a petition in chancery to the Superior Court. The petitioners stated, that on the 5th of December, 1795, they severally advanced to William Ely certain sums of money, amounting, with the sum to be furnished by him, to $ 14,411, and authorized him, by a letter of attorney, to vest the same in such purchases of good uhlocated, or uncultivated lands, in Virginia, as he -ihpught would best promote the interest of the person advancing the money as…
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In the Court below, hp A HIS was a petition in chancery to the Superior Court. The petitioners stated, that on the 5th of December, 1795, they severally advanced to William Ely certain sums of money, amounting, with the sum to be furnished by him, to $ 14,411, and authorized him, by a letter of attorney, to vest the same in such purchases of good uhlocated, or uncultivated lands, in Virginia, as he -ihpught would best promote the interest of the person advancing the money as aforesaid ; and also authorized him, in case he deemed it for the interest of his principal, to bind him to pay his…
1Opinion of the Court
By the Court.
The disclosure, which admitted none of the facts alleged as fraudulent, and denied them all, was conclusive with respect to those facts.
Chancery power to compel a disclosure, has, by the practice of this State, from the beginning, been limited to the case of there being no other evidence. To have extended it further would have been an unnecessary departure from the common law, and an unnecessary exposure to imminent danger of perjury. A plaintiff, therefore, to entitle himself to a discovery, avers in his bill, that the facts respecting which he prays a disclosure, rest solely in…
2Cited by8 opinions
- Hardesty v. SmithIndiana Supreme Court · 1851
- Skinner v. JudsonSupreme Court of Connecticut · 1831
- Reese v. Estate of BerbeckerAppellate Court of Illinois · 1934
- Boyd v. AndersonTennessee Supreme Court · 1809
- Reed v. PrentissSuperior Court of New Hampshire · 1818
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