Goldey v. Becker

New York Court of Chancery

Goldey v. Becker

1 Edw. Ch. 271, 1832 N.Y. LEXIS 237, 1832 N.Y. Misc. LEXIS 3

DecidedFebruary 6, 1832

StatusPublished

This text of 1 Edw. Ch. 271 (Goldey v. Becker) 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

Goldey v. Becker, 1 Edw. Ch. 271, 1832 N.Y. LEXIS 237, 1832 N.Y. Misc. LEXIS 3 (N.Y. 1832).

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Opinion

The Vice-Ciiaycellor.

A mere bill of discovery in aid of a suit at law is not within the statute requiring a bill concerning property to be dismissed, where the matter in dispute, exclusive of costs, does not exceed the value of one hundred dollars. Under the statute relating to the interest of money, 1 R. 8. p. [272]*272771, a defendant is bound to make answer upon any bill filed for the discovery of any suih of money, goods or things in , . , ....... - , . . action' taken, accepted or received m violation of the provisions °f such statute: notwithstanding the smallness of the amount. The motion must be denied; but as it is, perhaps, a new point» I shall not give costs. No harm will be done by withholding them at this time. ..The defendant will be entitled to these, as well as to the costs of~putting in his answer, whenever it is perfected.

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The Vice-Ciiaycellor.

A mere bill of discovery in aid of a suit at law is not within the statute requiring a bill concerning property to be dismissed, where the matter in dispute, exclusive of costs, does not exceed the value of one hundred dollars. Under the statute relating to the interest of money, 1 R. 8. p. [272]*272771, a defendant is bound to make answer upon any bill filed for the discovery of any suih of money, goods or things in , . , ....... - , . . action' taken, accepted or received m violation of the provisions °f such statute: notwithstanding the smallness of the amount. The motion must be denied; but as it is, perhaps, a new point» I shall not give costs. No harm will be done by withholding them at this time. ..The defendant will be entitled to these, as well as to the costs of~putting in his answer, whenever it is perfected.

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Bluebook (online)

1 Edw. Ch. 271, 1832 N.Y. LEXIS 237, 1832 N.Y. Misc. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldey-v-becker-nychanct-1832.