Gee v. Southworth

New York Court of Chancery

Gee v. Southworth

10 Paige Ch. 297

DecidedMay 17, 1843

StatusPublished

This text of 10 Paige Ch. 297 (Gee v. Southworth) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gee v. Southworth, 10 Paige Ch. 297 (N.Y. 1843).

Pincite

Opinion

The Chancellor

said, that the statute having directed the money to be brought into court, upon the granting of an injunction after judgment, permitting a bond with sureties to°be substituted was out of the usual course of proceedings, and was a great favor to the complainant; which favor ought not to be granted, unless he was willing to do equity, by waiving the forfeiture in his bill, and permitting the defendant to collect the amount justly due for principal and legal interest; that if the complainant insisted upon the forfeiture he must bring the money into court, to abide the event of the suit.

Order accordingly.

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The Chancellor

said, that the statute having directed the money to be brought into court, upon the granting of an injunction after judgment, permitting a bond with sureties to°be substituted was out of the usual course of proceedings, and was a great favor to the complainant; which favor ought not to be granted, unless he was willing to do equity, by waiving the forfeiture in his bill, and permitting the defendant to collect the amount justly due for principal and legal interest; that if the complainant insisted upon the forfeiture he must bring the money into court, to abide the event of the suit.

Order accordingly.

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Bluebook (online)

10 Paige Ch. 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gee-v-southworth-nychanct-1843.