Johnston v. Reilly
New Jersey Court of Chancery
On final hearing on bill, answer and proofs. The. bill in this canse was filed by Mary E. Throckmorton, who, having died pending suit, her executor, Aaron E. Johnston, was substituted as complainant and the suit proceeded in his name.' The cause first came before the court for judicial consideration upon a demurrer to the bill. The demurrer was overruled, as reported in Throckmorton v. O’Reilly, 66 Atl.
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On final hearing on bill, answer and proofs. The. bill in this canse was filed by Mary E. Throckmorton, who, having died pending suit, her executor, Aaron E. Johnston, was substituted as complainant and the suit proceeded in his name.' The cause first came before the court for judicial consideration upon a demurrer to the bill. The demurrer was overruled, as reported in Throckmorton v. O’Reilly, 66 Atl. Rep. 66. The order overruling the demurrer was carried to the court of errors and appeals, and there affirmed, as reported in Johnston v. Reilly, '66■ N. J. Eq. (21 Dick.) Jf61, and was…
1Opinion of the Court
At the close of the evidence and argument thereon, November 6th, 1904, the vice-chancellor at once disposed of the main question in the cause, giving his reasons therefore, substantially as follows:
Pitney, V. C.
The bill was filed by Mrs. Throckmorton to recover the amount of the surplus moneys arising from the sale at foreclosure of certain real estate situate at Long Branch, in this state, and known as the Rockwood Hotel.
The bill alleges that the property was worth nearly or quite $30,000; that the mortgage and tax encumbrances amounted to a trifle less than $8,000, and that it was brought…
2Cited by1 opinion
- Towbin v. PierroNew Jersey Court of Chancery · 1925