Wilkes v. Harper
New York Court of Chancery
This was an application, by the defendants, to dissolve an injunction, for want of equity in the bill to sustain it. Tha claim of the complainants was founded upon the will of Charles Wilkes, of the city of New-York, and on the frauds and misconduct of Horatio Wilkes, one of the executors and trustees, and also one of the residuary legatees and dévisees of the testator.
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This was an application, by the defendants, to dissolve an injunction, for want of equity in the bill to sustain it. Tha claim of the complainants was founded upon the will of Charles Wilkes, of the city of New-York, and on the frauds and misconduct of Horatio Wilkes, one of the executors and trustees, and also one of the residuary legatees and dévisees of the testator. C. Wilkes, the testator, died in 1833, possessed of personal estate of the value of about $250,000, and also of a very large real estate; a part of which real' estate consisted" of the house and lot No. 28 Laight-street in the…
1Opinion of the Court
The Chancellor.
Some of the principles of equity upon which the complainants found their claim to relief in this case have been so often examined and enforced in this court, that it is not necessary to do more than merely to state them at this time. It is perfectly well settled, as a general principle of equity,
*354that where one person, or his property, stands in the situation of a surety for the payment of a debt, for which payment another person, or his property, is primarily liable, the one who is secondarily liable, upon payment of the debt to the original creditor, is entitled to be…
2Cited by12 opinions
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