In re Roberts

Appellate Division of the Supreme Court of New York

In re Roberts

162 A.D. 922, 146 N.Y.S. 1110

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1914

StatusPublished

This text of 162 A.D. 922 (In re Roberts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Roberts, 162 A.D. 922, 146 N.Y.S. 1110 (N.Y. Ct. App. 1914).

Pincite

Opinion

Decree of Surrogate’s Court affirmed, with costs. Held, that assuming appellants to have an equitable right to require the joint property of the makers of the claimant’s note to be first applied toward the payment of the j oint debt of the makers of the note before resort is had to the individual property of the joint makers, still such relief can only be had in a court having equitable jurisdiction. This the surrogate did not have. Appellants’ remedy, if any, is by an equitable action. All concurred; Robson, J., not sitting.

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Decree of Surrogate’s Court affirmed, with costs. Held, that assuming appellants to have an equitable right to require the joint property of the makers of the claimant’s note to be first applied toward the payment of the j oint debt of the makers of the note before resort is had to the individual property of the joint makers, still such relief can only be had in a court having equitable jurisdiction. This the surrogate did not have. Appellants’ remedy, if any, is by an equitable action. All concurred; Robson, J., not sitting.

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Bluebook (online)

162 A.D. 922, 146 N.Y.S. 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roberts-nyappdiv-1914.