Phillips v. Prevost
New York Court of Chancery
THE bill stated, that George Croghan, deceased, on the 6th of February, 1799, executed a judgment bond to Joseph Simon, deceased, conditioned to pay 2,200Z. sterling, on the 6th of February, 1782, with interest. That in April term, 1779, a judgment was entered upon that bond, in the Court of Common Pleas, in Westmoreland county, Pennsylvania.
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THE bill stated, that George Croghan, deceased, on the 6th of February, 1799, executed a judgment bond to Joseph Simon, deceased, conditioned to pay 2,200Z. sterling, on the 6th of February, 1782, with interest. That in April term, 1779, a judgment was entered upon that bond, in the Court of Common Pleas, in Westmoreland county, Pennsylvania. That on the 13th of February, 1782, George Croghan, executed a bond to J. S. conditioned to pay 398Z. on the 13th of February, 1783, with interest. That on the 11th of June, 1782, G- C. made his will, and devised to his daughter and only child, Susannah,…
1Opinion of the Court
The Chancelllor.
The defendant, George W. Prevost, having answered certain parts of the bill, does not submit to answer that part of the bill which seeks a discovery and account of the assets of George Croghan, deceased, which may have descended to him as heir, or have come to his possession as administrator. His objection is founded upon matter appearing upon the face of the bill, and from which he insists that the discovery would be useless, as the plaintiffs have no subsisting valid demand, which can, or ought to be enforced in this court. The demand of the plaintiffs is founded upon a…
2Cases cited2 opinions
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1814
- Ellison v. MoffattNew York Court of Chancery · 1814
3Cited by3 opinions
- Young v. ColtU.S. Circuit Court for the District of Southern New York · 1852
- Pace v. BartlesNew Jersey Court of Chancery · 1889
- French v. A. H. Rainey & Co.Court of Appeals of Tennessee · 1876