Lane v. Stebbins
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit overruling a demurrer to a bill of discovery. The object of the bill was to obtain a discovery to aid the complainant in a suit at law j or rather to aid him in resisting an offset, which tile defendants had claimed in the suit at law, in a notice annexed to a plea of the general issue which had been pleaded in that suit.
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This was an appeal from a decision of the vice chancellor of the first circuit overruling a demurrer to a bill of discovery. The object of the bill was to obtain a discovery to aid the complainant in a suit at law j or rather to aid him in resisting an offset, which tile defendants had claimed in the suit at law, in a notice annexed to a plea of the general issue which had been pleaded in that suit. The complainant after stating the commencement of the suit at law, and the bills of particulars of the demands or claims of the parties respectively as they had been furnished by such parties in…
1Opinion of the Court
The Chancellor.
The object of the bill in this case appears to be to obtain a discovery, for the purpose of resisting a claim of set off on the part of the defendants to the complainant’s suit at law. And if a proper case for discovery, in other respects, is made by the bill, there cannot be a reasonable doubt that this court is bound to lend its *625aid in compelling the discovery sought, in the same manner and to the same extent as if these defendants had brought a suit at law against him to recover the several sums which they now seek to set off in the action brought by him in the superior…
2Cited by6 opinions
- Bailey v. DeanNew York Supreme Court · 1848
- Gorman v. BaniganSupreme Court of Rhode Island · 1900
- Brevoort v. WarnerNew York Supreme Court · 1853
- Elmore v. HydeNew York Court of Common Pleas · 1877
- Atlantic Insurance v. LunarNew York Court of Chancery · 1843
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