Beggs v. Butler
New York Court of Chancery
This case came before the chancellor upon appeal, by the defendants, from a decretal order of the vice chancellor of the eighth circuit, disallowing their several demurrers to the complainants’ bill.
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This case came before the chancellor upon appeal, by the defendants, from a decretal order of the vice chancellor of the eighth circuit, disallowing their several demurrers to the complainants’ bill. The facts of the casc are correctly stated in the report of the decision before the vice chancellor, (1 Clark’s Ch. Rep. 518 ;) except that it is there said the bill was filed for discovery and relief, when in fact it was filed' for relief merely ; an answer on oath being expressly waived by the bill.
1Opinion of the Court
The Chancellor.
The object of this bill is to obtain a perpetual injunction restraining the defendants from prosecuting an action at law, against the complainants, brought against them and S. Starr jointly, upon a note purporting to be made by all the defendants in the suit at lawj which action is alleged to be brought in the name of Butler, for the sole benefit of Adams as the real owner of the note, in order to avoid the defence of usury.
It is set up as one special ground of demurrer, by each of the defendants, that Starr, one of the makers of the note and one of the defendants in the action…
2Cited by4 opinions
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Tracy v. Reynolds & TuckerNew York Supreme Court · 1852
- Schroeppel v. ShawNew York Supreme Court · 1849
- Castner & Hinckley v. SymondsSupreme Court of Minnesota · 1858