Mowry v. Bishop
New York Court of Chancery
This cause came before the court upon an exception to the report of a master, allowing the first exception to the joint and several answers of the defendants, for insufficiency. The question involved in the decision was the materiality of an allegation in the complainant’s bill, which, as he insisted, was not fully answered.
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This cause came before the court upon an exception to the report of a master, allowing the first exception to the joint and several answers of the defendants, for insufficiency. The question involved in the decision was the materiality of an allegation in the complainant’s bill, which, as he insisted, was not fully answered. One object of the bill was, to obtain satIsfaction out of the, estate of I. Bishop, deceased, of the amount of a note given by him and by his brother A. Bishop, to the complainant, for a debt due from the latter. The allegation in this part of the bill was, that on the…
1Opinion of the Court
The Chancellor.
There is no pretence, on the part of .the defendants in this case, that the note for $1000 was without consideration, or that, by mistake, or otherwise, it was given for a greater amount than' was actually due. And the note itself, which is admitted by the answer, if it is not usurious upon its face, is prima facie evidence of indebtedness to the full amount of the principal sum secured thereby. A further answer as to the precise amount of the original indebtedness of A. Bishop, is therefore unnecessary and immaterial to the establishment of the rights of the complainant,…
2Cases cited1 opinion
- Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
3Cited by39 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- English v. SmockIndiana Supreme Court · 1870
- Meyer v. City of MuscatineSupreme Court of the United States · 1864
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
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