Legal Opinion

Dias v. Bouchaud

New York Court of Chancery

Decided November 21, 1843PublishedCited by 17 opinions

This was an appeal by the defendant Bouchaud, executor of L. A. Brunei deceased, from a decretal order of the vice chancellor of the first circuit, overruling the demurrer to the bill of the complainants. In April, 1823, Castro & Henriques, who were copartners in trade as importing merchants in New-York, became insolvent.

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This was an appeal by the defendant Bouchaud, executor of L. A. Brunei deceased, from a decretal order of the vice chancellor of the first circuit, overruling the demurrer to the bill of the complainants. In April, 1823, Castro & Henriques, who were copartners in trade as importing merchants in New-York, became insolvent. And in May thereafter Castro, for himself and as the attorney of Henriques, assigned all the property of the partnership, and all the individual property of himself and Henriques respectively, to Brunei, in trust to pay himself, in the first place, certain debts due to him…

1Opinion of the Court

The Chancellor.

The objection for the want of proper parties in this case cannot be sustained. Lord Redesdale, in his valuable treatise upon equity pleading, (Mitf. Pl. 4th Lond. ed. 180,) says, a demurrer for want of parties must show who are the proper parties. Not indeed by name, for that might be impossible ; but in such manner as to point out to the complainant the objection to his bill, and thus enable him to amend by adding the proper parties. And in this he appears to be sustained by all the standard treatises upon the subject of equity pleading. (See Coop. Eq. Pl. 187 ; Welf. Eq. Pl.…

2Cited by17 opinions

  1. Winner v. HoytWisconsin Supreme Court · 1886
  2. State v. MetschanOregon Supreme Court · 1896
  3. Weber v. MickIllinois Supreme Court · 1890
  4. Gilbert v. McCorkleIndiana Supreme Court · 1887
  5. Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894

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