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2 Johns. Ch. 428

Lupton v. Johnson

New York Court of Chancery

Decided April 9, 1817

New York Court of Chancery · decided 1817-04-09

<p>A rule to produce certain bonds before the examiner, for the inspection of the opposite party, will not be granted, where the existence of one of the bonds is denied, and the other is denied to have been received by the plaintiff for the purpose alleged by the defendant; but a cross bill,' or bill of discovery, is the proper remedy.</p>

Decided 1817-04-09

The Chancellor

¶1said, the rule to produce the bonds must be vacated, under the circumstances disclosed. It was most safe, for the rights of the parties in this case, that the defendants should be put to their cross bill, or bill of discovery. Such a motion has been denied, (Darwin v. Clarke, 8 Vesey, 158.) where the opposite party had not admitted the deed to be in his possession. Here the party denies his possession of one bond, and denies that the other was ever received in the sense contended for; and the order might prejudice his right.

¶2Rule vacated.

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