Holmes v. Remsen
New York Court of Chancery
THE bill was filed, the 27 th of January last, by the plaintiffs, William Holmes, George Caines, and Andrew S. Garr, as trustees for the creditors of Frederick Mullett, an absent debtor, against the executors of Isaac Clason, deceased, and others. The bill detailed the previous history of the case. The material facts will be found in the report of the case in this Court; (4 Johns. Ch. Rep. 460—490.) and of the suit at law, afterwards brought in the Supreme Court. (20 Johns.
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THE bill was filed, the 27 th of January last, by the plaintiffs, William Holmes, George Caines, and Andrew S. Garr, as trustees for the creditors of Frederick Mullett, an absent debtor, against the executors of Isaac Clason, deceased, and others. The bill detailed the previous history of the case. The material facts will be found in the report of the case in this Court; (4 Johns. Ch. Rep. 460—490.) and of the suit at law, afterwards brought in the Supreme Court. (20 Johns. Rep. 229—268.), The plaintiffs stated, that the cause was tried in April, 1821, and a verdict taken for the plaintiffs,…
1Opinion of the Court
The Chancellor.
One material ground of complaint is, that after argument and judgment in the Supreme Court, upon a case made and settled a year preceding the argument, that Court refused to permit the case to be amended, and to order a second argument. The plaintiffs insist, that the case omitted to contain, by mistake, a material fact; and they applied to the Court, by motion, for leave to have the case corrected. The motion was opposed, argued, considered, and denied, with costs; and this Court is now called on to decree that the defendants, who are executors of Clason, permit the case to be…
2Cases cited2 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Gregory v. ReeveNew York Court of Chancery · 1821
3Cited by5 opinions
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