Quincy v. Foot
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, setting aside an order to take the bill as confessed against the defendant E. D. Foote. The answer was completed and sworn to, and copied, on the last day to which the time for answering had been extended; but too late to file and serve it on that day.
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This was an appeal from an order of the vice chancellor of the first circuit, setting aside an order to take the bill as confessed against the defendant E. D. Foote. The answer was completed and sworn to, and copied, on the last day to which the time for answering had been extended; but too late to file and serve it on that day. About nine o’clock in the morning of that day, the clerk of the defendant’s solicitor went to the office of the solicitor for the complainant, to serve the answer, but found the door locked. As he turned to leave the office, however, he met the clerk of the…
1Opinion of the Court
The Chancellor.
It is the settled practice of the court not to set aside a regular order, taking a bill as confessed, to enable the defendant to set up an unconscientious defence.- And where the defence is usury, the court requires the defendant to Undertake that he will not avail himSelf of that defence, except as to the amount of the usurious premium; só that the complainant shall not be deprived of what is honestly due him, with interest thereon. The only question therefore is, whether the order to take the bill as confessed was technically regular.
The service of the answer was proper and…
2Cited by1 opinion
- Shriver v. . ShriverNew York Court of Appeals · 1881