Legal Opinion

Story v. Brown

New York Court of Chancery

Decided July 2, 1833PublishedCited by 7 opinions

This was an application for an attachment against the defendants for not complying with the requisitions of a summons of the master requiring them to bring in their accounts before him, up to a certain period, in the form of debtor and creditor.

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This was an application for an attachment against the defendants for not complying with the requisitions of a summons of the master requiring them to bring in their accounts before him, up to a certain period, in the form of debtor and creditor. The original bill was filed by John Brown, and his two sons, J. D. Brown and G. W. Brown, against the present complainant T. W. Stoi-y, to settle a partnership account between the parties, and to restrain him from proceeding against them at law. After an order of reference to take the testimony and state the several accounts between the parties had…

1Opinion of the Court

The Chancellor.

If the master is right in supposing that this case comes within the 107th rule of the court, and that. the several parties are required to bring in their accounts before him in the form of debtor and creditor, he erred in requiring the accounts to be exhibited up to a certain period only, and in receiving the account of the complainant without its being verified in the usual manner. Where a party is di= *114récted to account before a master, as contemplated by that rule, he must bring in his whole account, including debits and credits, and for the whole time for which he is held…

2Cited by7 opinions

  1. Beekman v. PeopleNew York Supreme Court · 1858
  2. Hathaway v. RussellThe Superior Court of New York City · 1879
  3. Milton v. RichardsonNew York Supreme Court · 1897
  4. New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Luckey v. DykesMississippi Supreme Court · 1843

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