Lawrence v. Pool
The Superior Court of New York City
The bill was filed by the complainant as a creditor of the estate of Isaac Lawrence, deceased, in behalf of himself and such other creditors as should choose to come in and contribute to the expenses of the suit. The object of the bill was to recover back a sum of money received by the defendant, out of a fund in the hands of the surrogate of the county of New York, created by the sale of I. Lawrence’s real estate, and to restrain any further receipts.
Read the full summary
The bill was filed by the complainant as a creditor of the estate of Isaac Lawrence, deceased, in behalf of himself and such other creditors as should choose to come in and contribute to the expenses of the suit. The object of the bill was to recover back a sum of money received by the defendant, out of a fund in the hands of the surrogate of the county of New York, created by the sale of I. Lawrence’s real estate, and to restrain any further receipts. The bill charged that the order of the surrogate declaring the defendant a creditor, under which he received the money claimed, was obtained…
1Opinion of the CourtBy the Court. Mason, J.
The well established rule at law, that upon the argument of a demurrer to any pleading the previous pleading of the party demurring may be shown to be bad, has never been adopted in equity, and the party pleading to a bill is not allowed to sustain his plea by proving the bill to be defective. (Sperry v. Miller, 2 Barb. Ch. R. 632.) It is unnecessary therefore to express an opinion upon the objections taken by the defendant’s counsel to the sufficiency of the bill in this case. The plea must stand or fall upon its own merits.
The bill was filed to set aside a decree of the surrogate of the…
2Cases cited1 opinion
- Bolton v. GardnerNew York Court of Chancery · 1831
3Cited by1 opinion
- Corning v. RooseveltNew York Supreme Court · 1890