Brownell v. Curtis
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the seventh circuit, allowing the pleas of the several defendants to the complainant’s bill. The complainant was a judgment creditor of Curtis,, one of the defendants, as to whom this was an ordinary creditor’s suit to reach his choses in action and other property and equitable interests.
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This was an appeal from a decretal order of the vice chancellor of the seventh circuit, allowing the pleas of the several defendants to the complainant’s bill. The complainant was a judgment creditor of Curtis,, one of the defendants, as to whom this was an ordinary creditor’s suit to reach his choses in action and other property and equitable interests. Another object of the bill, however, was to reach his interest in the property and effects of a copartnership which had existed between him and the defendant J. Marsh. And the complainant among other things alleged that the copartners, for…
1Opinion of the Court
The Chancellor.
The pleas of the several defendants are not only several, but depend for their validity upon distinct considerations. It is necessary, therefore, to consider each plea separately.
The defendant E. C. Marsh puts in an answer in bar to the whole relief sought against him, by the bill, and by his plea seeks to avoid the discovery of the facts upon which the complainant’s right to relief depends. It appears to be settled that, upon a bill for discovery and relief, the defendant may answer and make the discovery sought and demur to the relief only. (Hodgkin v. Longden, 8 Ves. 3. Todd…
2Cases cited1 opinion
- Osborne v. MossNew York Supreme Court · 1810
3Cited by39 opinions
- Ward v. . PetrieNew York Court of Appeals · 1898
- Choteau v. JonesIllinois Supreme Court · 1849
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Bouton v. DementIllinois Supreme Court · 1887
- Pearsall v. SmithSupreme Court of the United States · 1893
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