New York Court of Chancery, 1843

Gee v. Southworth

Gee v. Southworth
New York Court of Chancery · Decided May 17, 1843
10 Paige Ch. 297

Counsel

R. J. Hilton, for the complainant.

Gee v. Southworth

Opinion of the Court

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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