Williams v. Harden
New York Court of Chancery
This was an appeal, by the defendant J. Harden, from a decree of the vice chancellor of the fifth circuit, denying the appellants application for' costs, upon a bill of discovery.
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This was an appeal, by the defendant J. Harden, from a decree of the vice chancellor of the fifth circuit, denying the appellants application for' costs, upon a bill of discovery. The complainant, and the defendant Priscilla Harden, were the executor and executrix of the will of Thomas Harden, deceased; and the defendant J. Harden, presented a claim against the estate, for the amount of two promissory notes, of $500 each, purporting to have been given to him by the testator, in June, 1843 The personal representatives of the decedent having refused to allow these notes as a just claim against…
1Opinion of the Court
The Chancellor.
I have not been able to discover any thing in this case to take it out of the principle of the decision of this court in the case of Bovghton and Mills, executors, v. Phelps, (6 Paige’s Rep. 334.) It was there held that an executor was liable for the costs upon a bill of discovery, filed by him in aid of a defence at law, where it appeared by the defendant’s answer that there was no fact within the knowledge of the latter which was material to the complainant’s defence at law. Although many serious charges, contained in this bill, are sworn to as being true of the complainant’s…
2Cited by3 opinions
- Burgess v. SmithNew York Court of Chancery · 1847
- Nieury v. O'HaraNew York Supreme Court · 1847
- McCoon v. WhiteNew York Court of Common Pleas · 1880