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Lyon v. Brooks

Lyon v. Brooks, 2 Edw. Ch. 110 (1833)
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Court
New York Court of Chancery · State Highest Courts
Decided
September 15, 1833
Citations
2 Edw. Ch. 110
Cited by 6
Headnotes
A defendant may set up matter in his answer which has occurred between the filing tile-bill.and the putting in of such answer.
Summary
The bill was filed by one partner against another, praying an account and payment pursuant to the conditions of an award to which they had both submitted. The defendant had put in his answer; but several exceptions for impertinence were taken to it; and the matter of these exceptions now came before the Court upon exception to the master’s report. Two exceptions related to an agreement and payment set forth in the answer and which had occurred subsequent to the filing of the bill.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Vice Chancellor

said: If there were any rule of equity pleading, by which a defendant is precluded from availing himself of matters arising between the filing of the bill and the answer, by way of avoidance or defence, there might be some ground for these exceptions. But there is not; and it certainly cannot be said that the matters set up are foreign to the case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1863–1864: 11871–1872: 11889–1890: 11903–1904: 11905–1906: 11945–1946: 118632026peak 1863 · 1

Relies on it most ⓘ

  1. Wormser v. Metropolitan Street Railway Co.98 A.D. 29 (1904)
  2. Wormser v. Metropolitan Street Railway Co.76 N.E. 1036 (N.Y. 1906)
  3. Wilson v. Patrick34 Iowa 362 (1872)
  4. Norris v. United Mineral Products Co.158 P.2d 679 (Wyo. 1945)
  5. Carpenter v. Bell19 Abb. Pr. 258 (1863)
  6. U. S. Life Insurance v. Gage26 Abb. N. Cas. 16 (N.Y. Sup. Ct. 1890)

Most recent

  1. Norris v. United Mineral Products Co.158 P.2d 679 (Wyo. 1945)
  2. Wormser v. Metropolitan Street Railway Co.76 N.E. 1036 (N.Y. 1906)
  3. Wormser v. Metropolitan Street Railway Co.98 A.D. 29 (1904)
  4. U. S. Life Insurance v. Gage26 Abb. N. Cas. 16 (N.Y. Sup. Ct. 1890)
  5. Wilson v. Patrick34 Iowa 362 (1872)
  6. Carpenter v. Bell19 Abb. Pr. 258 (1863)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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