Brinckerhoff v. Brown
New York Court of Chancery
THE bill, filed February 19th, 1821, stated, that on the 19th of September, 1815, six of the defendants, named, associated for the purpose of manufacturing cotton goods, and, in pursuance of the act of the 22d of March, 1811, (sess. 34, ch. 67.) filed a certificate in the office of the Secretary of State, on the 2d of October, 1815, declaring that they had formed themselves into a company, in pursuance of the act, under the name of “ The Genesee Manufacturing Company.”
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THE bill, filed February 19th, 1821, stated, that on the 19th of September, 1815, six of the defendants, named, associated for the purpose of manufacturing cotton goods, and, in pursuance of the act of the 22d of March, 1811, (sess. 34, ch. 67.) filed a certificate in the office of the Secretary of State, on the 2d of October, 1815, declaring that they had formed themselves into a company, in pursuance of the act, under the name of “ The Genesee Manufacturing Company.” That the amount of the capital stock should be 40,000 dollars, to be divided into shares of 100 dollars each; the number of…
1Opinion of the Court
The Chancellor.
The cause has been brought to a
hearing by the plaintiffs upon the bill and answer, and consequently, the answer is to be taken for true “in all points.” This was one of Lord Bacon’s rules, (rule 64.) and it was afterwards adopted by Lord Clarendon ; and it is a rule admitted throughout the books to be well settled. (Grosvenor v. Cartwright, 2 Ch. Cas. 21. Bohun’s Cur. Canc. 149.) All the averments, in the answer, are to be taken for true; and even where the defendant states, that he believes and hopes to be able to prove such and such matters, they must be considered as proved,…
2Cited by14 opinions
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- Parton v. PrangU.S. Circuit Court for the District of Massachusetts · 1872
- Ward v. ThompsonCourt of Appeals of Maryland · 1833
- State ex rel. Memphis v. ButlerTennessee Supreme Court · 1888
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