Sharp v. Sharp

Decided July 2, 1818

New York Court of Chancery · decided 1818-07-02

THIS was a bill by the plaintiff, as widow of Robert Sharp, deceased, against the defendants, as executors of Robert Sharp, with whom the defendant John Sharp, was in copartnership at the time of the death of Robert Sharp. The bill was for a discovery and account of the co-partnership estate and effects, in which the plaintiff was stated to be interested under the will of her late husband.

Cited by 1 later decisions — most recently February 1876

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1818-07-02

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The Chancellor

¶1overruled the demurrer, and ordered the defendant to answer. He said, that the plaintiff disclosed by her bill that she had an interest in the co-partnership property, and was entitled to a full discovery. There was nothing stated or required, that necessarily led to any forfeiture; and if such a general allegation was sufficient to *408protect a party from making a discovery, it could be used as a pretext in every case. It ought to appear either by the bilk or be stated in the demurrer, why and wherefore a would be the consequence of the discovery. In Chauncey v. Tahourden, (2 Atk. 392.) it was shown by the demurrer. How far it might be material or proper to disclose in much detail, the nature and objects of the commerce carried on by the house, might be a question hereafter. The defendant could not bar all inquiry, in the first instance.

¶2Demurrer overruled. .