Jolly v. Carter
New York Court of Chancery
Exceptions to an answer. Eleven exceptions were referred to a master; and five were allowed, namely, the fourth, fifth, The defendant now excepted to eighth, ninth and eleventh, the report.
1Opinion of the Court
The Vice-Chancellor:
The fourth exception is nó5; well taken. The clause in the answer, out of which it arises, is responsive, so far as it admits that he, the defendant,did advertise the real estate for sale under the power in the will; and the concluding sentence—“ that he had made arrangement to sell the same to great advantage and for its full value, but was prevented by the conduct and interference of the complainant”—is new matter, offered by way of excuse or defence, and not called for by the bill. If there be any insufficiency about it or objection on the ground of its not being full…
2Cited by1 opinion
- McGuckin v. KlineNew Jersey Court of Chancery · 1879