Legal Opinion
Mount v. President & Directors of the Manhattan Co.
New Jersey Court of Chancery
Decided February 15, 1886PublishedCited by 1 opinion
On motion to strike out plea. Heard on notice, under rule 215 as amended.
1Opinion of the Court
Van Fleet, V. C.
The complainant moves to strike out the plea filed by the defendants in this case on the ground that, as at present framed, it shows no defence. The rule to be applied in deciding the motion is settled. A plea in equity, in order to constitute a bar to the complainant’s whole right of action, must aver every fact essential to make out a complete defence. McEwen v. Broadhead, S Stock. 129; Davison’s Exr. v. Johnson, 1 C. E. Gr. 112.
The complainant sues as the administratrix of Andrew Mount. She grounds her action on rights vested in him at the time of his death. He died…
2Cases cited7 opinions
- Glenny v. LangdonSupreme Court of the United States · 1878
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Chapman v. BrewerSupreme Court of the United States · 1885
- Moyer v. DeweySupreme Court of the United States · 1881
- Michaels v. PostSupreme Court of the United States · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilkes v. BrennanNew Jersey Court of Chancery · 1947