Brooks v. Gibbons
New York Court of Chancery
This was a suit against the executrix and devisees of James Gibbons,"deceased, in behalf of the complainant and all other creditors, for an account of the estate, and for the satisfaction of their debts out of the same. The claim of tlie complainant upon the estate was for the amount of a note made by J. V. N. Yates to James Gibbons, in his life time, and endorsed by him to the complainant.
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This was a suit against the executrix and devisees of James Gibbons,"deceased, in behalf of the complainant and all other creditors, for an account of the estate, and for the satisfaction of their debts out of the same. The claim of tlie complainant upon the estate was for the amount of a note made by J. V. N. Yates to James Gibbons, in his life time, and endorsed by him to the complainant. It appeared from the bill that a similar suit had been commenced against the defendants, by other creditors, in which the usual decree had been made in favor of the complainants in that suit; and also for…
1Opinion of the Court
The Chancellor.
The objection that this is a speaking demurrer, is not well taken. A speaking demurrer is one which introduces some new fact, or averment, which is necessary to support the demurrer, and which does not appear distinctly upon the face of the bill. The case of Edsell v. Buchanan, as reported by Vesey, (2 Ves. jun. 83,) has frequently been misunderstood. The demurrer in that case was not overruled as a speaking demurrer, merely on account of a modest suggestion, that the time stated by the complainant, “ about the year 1770,” was upwards of twenty years before the filing of the…
2Cited by13 opinions
- Lindsay v. AllenTennessee Supreme Court · 1904
- McGehee v. JonesSupreme Court of Georgia · 1851
- Shorter v. SmithSupreme Court of Alabama · 1876
- People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879
- Olcott v. HeadrickSupreme Court of the United States · 1891
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