Plunkett v. Dillon
Court of Chancery of Delaware
Bill in Equity kor an Injunction and Account, AND CROSS-BILL.—The original bill was filed by Plunkett to obtain an injunction to restrain Dillon from proceeding against him in two suits at law and for the establishment of a settlement alleged to have been made between them or if that be rejected as a settlement then for an account between the parties. The original bill was filed in November 1870 and Dillon’s answer was filed at the ensuing February term.
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Bill in Equity kor an Injunction and Account, AND CROSS-BILL.—The original bill was filed by Plunkett to obtain an injunction to restrain Dillon from proceeding against him in two suits at law and for the establishment of a settlement alleged to have been made between them or if that be rejected as a settlement then for an account between the parties. The original bill was filed in November 1870 and Dillon’s answer was filed at the ensuing February term. The allegations of this bill-and answer have been fully set forth in the report of this case as it arose upon a motion to dissolve.* It is…
1Opinion of the Court
The Chancellor:—
The 1st exception is to the 3rd interrogatory.
So far as this interrogatory inquires whether Dillon had admitted the existence or making of the agreement referred to, and the time, place and circumstances of such admission, it is unobjectionable though the agreement were in writing. It is with respect to the terms and contents of a written instrument that paroi proof is excluded. The execution of an agreement and the time, place and circumstances of its being made may, for all purposes, be proved by paroi.
The inquiry as to the “terms on which such land “ was held and what was…
2Cases cited4 opinions
- Godwin v. CollinsCourt of Chancery of Delaware · 1868
- Hillman v. StumphIndiana Superior Court · 1873
- Consequa v. FanningNew York Court of Chancery · 1817
- Desplaces v. GorisNew York Court of Chancery · 1835
3Cited by6 opinions
- Gibney v. Stockdale Corp.Court of Chancery of Delaware · 1934
- Glenn v. Tide Water Associated Oil Co.Court of Chancery of Delaware · 1953
- Glenn v. Tide Water Associated Oil Co.Court of Chancery of Delaware · 1953
- Myers v. FortunatoCourt of Chancery of Delaware · 1922
- In re United Public Utilities Corp.District Court, D. Delaware · 1943
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