Mechanics' Bank v. Levy
New York Court of Chancery
This cause came before the chancellor on appeal by the defendants from the decision of the vice -chancellor of the first circuit, overruling their exceptions to the master’s report on exceptions to their several answers. The bill was filed by judgment creditors of the defendant Levy, after the return of their execution at law against him unsatisfied.
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This cause came before the chancellor on appeal by the defendants from the decision of the vice -chancellor of the first circuit, overruling their exceptions to the master’s report on exceptions to their several answers. The bill was filed by judgment creditors of the defendant Levy, after the return of their execution at law against him unsatisfied. The bill alleged, among other things, that the defendant Levy obtained monies from the.complainants’ bank fraudulently, and by collusion between him and the defendant Wolfe, who was his son-in-law, by overdrawing his account; and charged that…
1Opinion of the Court
The Chancellor.
Before going into the examination of the several exceptions particularly, it may be proper to notice a general objection, by the defendants’ counsel, which is supposed by him to apply to the whole. It is said there are no charges in the bill to sustain tie interrogatories upon which the exceptions are based ; and therefore that the defendants were not bound to answer the matters enquired of by such interrogatories. The counsel is undoubtedly correct in the principle that a defendant cannot be called upon to answer any interrogatory which is not founded upon some allegation or…
2Cited by6 opinions
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- Shearman v. HartNew York Court of Common Pleas · 1862
- Insurance Co. of North America v. MillerOhio Circuit Courts · 1903
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