Robertson v. Sheill

New York Supreme Court

Robertson v. Sheill

3 Denio 161

DecidedApril 15, 1846

StatusPublished

This text of 3 Denio 161 (Robertson v. Sheill) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robertson v. Sheill, 3 Denio 161 (N.Y. Super. Ct. 1846).

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Opinion

By the Court, Beardsley, J.

Costs are not asked on the ground that “ payment was unreasonably resisted or neglected,” but because “ the defendant refused to refer ” the demand pursuant to the statute. (2 R. S. 90, § 41.) No defence at law was pretended. The plaintiff was required to present his demand to the administrator, and was at liberty to bring suit for its recovery. Consenting to a reference would not have furnished an obstacle to relief in equity. As the defendant refused to refer, and a report has been made in favor of the plaintiff for the amount of his demand, he is entitled to his costs, unless the defendant shall finally prevail in the court of chancery.

Motion granted.

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By the Court, Beardsley, J.

Costs are not asked on the ground that “ payment was unreasonably resisted or neglected,” but because “ the defendant refused to refer ” the demand pursuant to the statute. (2 R. S. 90, § 41.) No defence at law was pretended. The plaintiff was required to present his demand to the administrator, and was at liberty to bring suit for its recovery. Consenting to a reference would not have furnished an obstacle to relief in equity. As the defendant refused to refer, and a report has been made in favor of the plaintiff for the amount of his demand, he is entitled to his costs, unless the defendant shall finally prevail in the court of chancery.

Motion granted.

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Bluebook (online)

3 Denio 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-sheill-nysupct-1846.