Executors of Powers v. Administrator of Butler
New Jersey Court of Chancery
The principal design of the bill filed in this cause, was to restrain the defendant by a perpetual injunction, from proceeding at law upon a judgment recovered against the complainants, upon a sealed bill, given by their testator, and to avoid the obligation as fraudulent.
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The principal design of the bill filed in this cause, was to restrain the defendant by a perpetual injunction, from proceeding at law upon a judgment recovered against the complainants, upon a sealed bill, given by their testator, and to avoid the obligation as fraudulent. John Butler, the defendant’s intestate, died on the ninth of October, eighteen hundred and thirty-seven; among other effects contained in the inventory of his estate, was a sealed bill for one thousand five hundred dollars, made by John Powers, bearing date on the twenty-fourth of June, eighteen hundred and thirty-seven,…
1Opinion of the Court
The Chancellor.
John Lake, administrator of John Butler, deceased, sued Garret Roach and John McCauley, executors, &c. of John Powers, deceased, in the court of common pleas of the county of Warren, upon a sealed bill, purporting to have been made by the testator, and dated June twenty-fourth, eighteen hundred and thirty-seven, for one thousand five hundred dollars, payable to John Butler, his executor, administrator or assigns, six months after date, with interest.
To this suit the executors of Powers pleaded non est factum, and duress yer minas.
At the term of February, eighteen hundred and…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Noland v. CromwellSupreme Court of Virginia · 1814
- Norton v. WoodsNew York Court of Chancery · 1835
3Cited by4 opinions
- Raimondi v. BianchiNew Jersey Court of Chancery · 1926
- Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936
- In Re HosfordNew Jersey Superior Court Appellate Division · 1953
- Hohmann v. CorkranNew Jersey Court of Chancery · 1926