Ontario Bank v. Root
New York Court of Chancery
This was an appeal by L. Root, one of the defendants, from a decree of the vice chancellor of the eighth circuit; by which decree Root was charged with the amount of a certain judgment recovered by the complainants against the defendant Congdon, on which judgment a fi. fa. had been issued and returned unsatisfied. The facts of the case, so far as is necessary to understand the questions of law decided, appear in the opinion of the court.
1Opinion of the Court
The Chancellor.
This case comes before me on an appeal by the defendant Root from the decree of the vice chancellor of the eighth circuit. The vice chancellor appears to have founded his decree upon the supposed agreement made with the cashier of the bank, as proved by himself and the clerks. There are at least two substantial objections to *479this supposed agreement, as the foundation of a decree in this case against the appellant. In the first place it is not set up in the complainant’s bill as a substantive ground of equity ; and the supposed consideration thereof, as stated in the bill, did…
2Cases cited1 opinion
- Dickenson v. CookNew York Supreme Court · 1820
3Cited by31 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Board of Health v. TupperMassachusetts Supreme Judicial Court · 1912
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Hook v. TurnerSupreme Court of Missouri · 1856
26 more not listed; retrieve them via the Exa API.