Utica Insurance v. Lynch
New York Court of Chancery
This case came before the court on exceptions to a master’s report, on exceptions to an answer for insufficiency. The complainants were judgment creditors of James Lynch, the former president of their corporation. They also claimed a specific lien on the interest of Lynch in the estate of his father, under a written agreement for a mortgage.
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This case came before the court on exceptions to a master’s report, on exceptions to an answer for insufficiency. The complainants were judgment creditors of James Lynch, the former president of their corporation. They also claimed a specific lien on the interest of Lynch in the estate of his father, under a written agreement for a mortgage. The defendant Lynch had assigned his property to 8. B. Roberts, in trust to pay certain preferred creditors, and among others the defendant Thomas Tillotson, who was not charged with having taken any part in the proceedings, or with having any personal…
1Opinion of the Court
The Chancellor.
The question raised by these exceptions is whether a defendant who has no knowledge or information as to the matters alleged in the bill is bound to answer each charge separately and particularly. Where a defendant is answering as to his own acts, or as to other matters either known to him or charged in the bill to be within his personal knowledge, he must answer the substance of each charge distinctly and particularly. If he has any information on the subject, other than such as is derived from the bill, he must answer as to such information, and to his belief or disbelief of…
2Cases cited1 opinion
- Smith v. LasherNew York Court of Chancery · 1821
3Cited by6 opinions
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Burke v. McLaughlinMassachusetts Supreme Judicial Court · 1923
- Clark v. DillonNew York Court of Common Pleas · 1882
- Johnson v. Baltimore & Potomac RailroadCourt of Appeals for the D.C. Circuit · 1894
- French v. A. H. Rainey & Co.Court of Appeals of Tennessee · 1876
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