Eastman v. Savings Bank
Supreme Court of New Hampshire
Bill in Equity, for the appointment of a receiver to collect certain moneys due from some of the defendants to the defendant bank, and for an order placing the same to the credit of the depositors therein.
Read the full summary
Bill in Equity, for the appointment of a receiver to collect certain moneys due from some of the defendants to the defendant bank, and for an order placing the same to the credit of the depositors therein. The bill alleges, that the plaintiffs, with others, are depositors in the bank; that some of the defendants were trustees and officers therein ; that there are certain sums of money due from the other defendants, or some of them, which the officers of the bank have fraudulently neglected and refused to collect and apply to the credit of all the depositors, though a request to that effect…
1Opinion of the CourtStanley, J.
The first ground of demurrer is, that the bill is multifarious. No rale of universal application, declaring what constitutes multifariousness, as an abstract proposition, can be established. Each case must be determined upon principles of justice, convenience, and the particular circumstances. While parties should not be subjected to the expense of litigating matters in which they have no interest, a multiplicity of suits should be avoided by uniting, in one bill, all who have any interest in the principal matter in controversy, though the interests may have arisen under distinct contracts or…
2Cases cited2 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
3Cited by8 opinions
- In Re O'NeilSupreme Court of New Hampshire · 2010
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Peterborough Savings Bank v. HartshornSupreme Court of New Hampshire · 1891
- Carpenter v. Fisher A.Supreme Court of New Hampshire · 1896
3 more not listed; retrieve them via the Exa API.