McKillip v. McKillip
New York Supreme Court
In EauiTY. This was a suit in equity, commenced prior to the code of 1848, founded upon a bond of which the following is a copy.
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In EauiTY. This was a suit in equity, commenced prior to the code of 1848, founded upon a bond of which the following is a copy. “ Know all men by these presents that I John Mc-Killip am held and firmly bound unto Archibald McKillip, my father, in the sum of two thousand dollars, lawful, money of the state of New-York, to be paid to the said Archibald, his executors, administrators or assigns, to which payment well and truly to be made, I bind myself, my heirs, executors and administrators, and each and every of them firmly by these presents. Sealed with my seal, and dated this tenth day of…
1Opinion of the Court
By the Court, Hubbard, J.
The principal question dis cussed upon the argument, was in relation to the equitable lien of the bond upon the premises conveyed as its consideration. There are, however, in limine, two fatal objections to the maintenance of this suit. 1st. The defect of parties plaintiff, and 2d, there is no proper averment in the complaint, or evidence, of the breach of the bond. As to the first, the suit is improperly brought in the name of the plaintiff as committee of the lunatic James. It should have been brought in the name of the lunatic, for whose benefit it is assumed to be…
2Cited by30 opinions
- Koch v. RothIllinois Supreme Court · 1894
- Zeiser v. . CohnNew York Court of Appeals · 1913
- McArthur v. . GordonNew York Court of Appeals · 1891
- Hiscock v. NortonMichigan Supreme Court · 1879
- People Ex Rel. Smith v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1885
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