McNamara v. Dwyer
New York Court of Chancery
This was an application on the part of the defendant J. Dwyer to discharge a ne exeat, on which he had been arrested and held to bail in the sum of $15,000; or to reduce the amount of bail required, and to permit the petitioner to leave the state, upon his giving the usual security to answer the complainant’s bill and to render himself amenable to the process of the court during the progress of the suit, and to such process as might be issued to compel a performance of the…
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This was an application on the part of the defendant J. Dwyer to discharge a ne exeat, on which he had been arrested and held to bail in the sum of $15,000; or to reduce the amount of bail required, and to permit the petitioner to leave the state, upon his giving the usual security to answer the complainant’s bill and to render himself amenable to the process of the court during the progress of the suit, and to such process as might be issued to compel a performance of the final decree therein. The petitioner resided at New-Orleans, and the complainants in this state; and the former was on…
1Opinion of the Court
The Chancellor.
There can be no reasonable doubt as to the right of the complainants to require of the petitioner equitable bail in this case, if this court has jurisdiction to call a foreign administrator to account, at the suit of the next of kin, for the personal assets of the decedent received abroad and brought into this state. The converting of the fund into real estate, instead of paying it over to the distrib*241utees or vesting it upon proper securities, was a breach of trust as to the complainants, who had not consented to this disposition of the fund. And the revised statutes have…
2Cited by44 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Griswold v. HazardSupreme Court of the United States · 1891
- Metcalf v. ClarkNew York Supreme Court · 1864
- Davis v. Morriss' Ex'orsSupreme Court of Virginia · 1881
- Holcomb v. PhelpsSupreme Court of Connecticut · 1844
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