Lawrence v. Bayard
New York Court of Chancery
This was an appeal by Willis Hall, one of the defendants, from a decision of the vice chancellor of the first circviit, refusing to dissolve or modify the injunction in this cause, so far as it affected the appellant’s rights.
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This was an appeal by Willis Hall, one of the defendants, from a decision of the vice chancellor of the first circviit, refusing to dissolve or modify the injunction in this cause, so far as it affected the appellant’s rights. The subject of controversy, so far as Hall was concerned, was the one-fourth of the proceeds of 600 shares of the stock of the Bank of the United States, mentioned in the will of John G. Leake; which fourth was, by the act to incorporate the Leake and Watts’ Orphan House, passed in March, 1831, directed to be paid, upon the death of'Margaret Leake, to the then surviving…
1Opinion of the Court
The Chancellor.
It does not appear upon what ground the vice chancellor denied the appellant’s application ; but 1 i i * * presume it must have been upon the ground that the defendant Hall had not distinctly and explicitly denied the charge of fraud as contained in the bill. It appears to me, however, that the complainants did not intend to swear to the charge of fraud in so direct and positive a manner as to entitle them to a preliminary injunction, interfering with the rights of Hall, on that ground ; although it may be a sufficient averment in pleading to put the fact in issue, so as to…
2Cases cited1 opinion
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by36 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Senior v. BradenSupreme Court of the United States · 1935
- Brown v. FletcherSupreme Court of the United States · 1915
- Bergmann v. . LordNew York Court of Appeals · 1909
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