M'Intyre v. Mancius
New York Supreme Court
THIS was an appeal from the Court of Chancery. i - . The appellants, on the 29th of July, 1817, tiled their bill against the respondents, stating, that on the 30th of September, 1816, they indorsed in blank, a certain promissory note, drawn and signed by Daniel Dow and William Men-' z^es>1Tl the name and firm of “ Dow Menzies,” payable to the appellants or their order, at the bank of Nezu-York, for 4?Q00 dollars; which note was immediately thereafter delivered by Dow fy-…
Read the full summary
THIS was an appeal from the Court of Chancery. i - . The appellants, on the 29th of July, 1817, tiled their bill against the respondents, stating, that on the 30th of September, 1816, they indorsed in blank, a certain promissory note, drawn and signed by Daniel Dow and William Men-' z^es>1Tl the name and firm of “ Dow Menzies,” payable to the appellants or their order, at the bank of Nezu-York, for 4?Q00 dollars; which note was immediately thereafter delivered by Dow fy- Menzies, or one of them, to the respondent, George W, Mancius, who then became the endorsee and proprietor thereof. That at…
1Opinion of the Court
Spencer, Ch. J.
If this were a bill of discovery in the ordinary sense, I should entertain no doubt, but that the demurrer was well founded. It is a bill to discover whether Brown, who is alleged to be a material witness for the appellants, on the trial of a cause pending between these parties in the Supreme Court, has not been made a party colIusively, without having any interest in the subject matter of the suit, and for the purpose of depriving the appellants of the benefit of his testimony. In this view, it is a case of the first impression and novelty, and it must be examined and decided…
2Cited by10 opinions
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
- Corbett v. De ComeauThe Superior Court of New York City · 1878
- Gilpin v. DalyNew York Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.