Duncan v. Lyon
New York Court of Chancery
THE bill, filed Jlugust 27th, 1817, stated, in substance, that the plaintiff and defendant entered into an agreement under seal, dated the 20th of July, 1809, which was set forth in this bill, and which related to the plaintiff’s furnishing timber, &c. which the defendant was to take to Montreal or Quebec, &c. and to pay the plaintiff half the proceeds, &c. and furnish him with an account thereof, &c.
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THE bill, filed Jlugust 27th, 1817, stated, in substance, that the plaintiff and defendant entered into an agreement under seal, dated the 20th of July, 1809, which was set forth in this bill, and which related to the plaintiff’s furnishing timber, &c. which the defendant was to take to Montreal or Quebec, &c. and to pay the plaintiff half the proceeds, &c. and furnish him with an account thereof, &c. The bill then detailed, at length, the transactions and conduct of the defendant, &c. and stated, that the plaintiff, before and since 1809, was a resident at Schenectady, and had no opportunity…
1Opinion of the Court
The Chancellor.
The reasons which have been suggested, or which have occurred to me, for retaining the injunction, may be arranged under the following heads:
1. That the plaintiff did not make his defence before the referees,.and that the recovery is unjust.
3. That his demands against the defendant ought to be liquidated and admitted, by way of set-off against that recovery. ■
3. That the demands of the parties all arise out of partnership articles, and ought to be heard together, and adjusted in this court.
1. The bill was not strictly a bill of discovery, for it had a prayer for relief, and yet…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Noland v. CromwellSupreme Court of Virginia · 1814
3Cited by43 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Lieber v. LieberSupreme Court of Missouri · 1911
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Center Township v. Board of CommissionersIndiana Supreme Court · 1887
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