Leggett v. Postley
New York Court of Chancery
This cause came before the court on a demurrer to a bill of discovery. The complainant alleged that he had been president of the Franklin Bank, previous to its failure. That in December, 1826, he was induced to become such president, by the solicitations of some of the directors, and other persons interested in the institution.
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This cause came before the court on a demurrer to a bill of discovery. The complainant alleged that he had been president of the Franklin Bank, previous to its failure. That in December, 1826, he was induced to become such president, by the solicitations of some of the directors, and other persons interested in the institution. That, on investigating the affairs of the bank, he found that many frauds had been committed by former officers, which had diminished and put in hazard the capital of the bank; against all of which acts he signed a formal protest, in writing, (which was set out at…
1Opinion of the Court
The Chancellor.
The defendant cannot be compelled to answer a charge, which, if true, will subject him to an indictment, or expose him to a criminal prosecution. The substance of the allegations in the bill is, that the defendant has entered into a fraudulent combination with others, to extort money from the complainant. That he has entered into an agreement with other creditors of the Franklin Bank, falsely to move and maintain certain suits against Leggett, which the confederates, and particularly the present defendant, knew to be unjust and unfounded; and by that means to compel the…
2Cited by7 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Indianapolis Gas Co. v. City of IndianapolisU.S. Circuit Court for the District of Indiana · 1898
- Glenney v. StedwellNew York Court of Appeals · 1876
- Pegram v. CarsonThe Superior Court of New York City · 1860
- Corbett v. De ComeauThe Superior Court of New York City · 1878
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