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Gee vs. Southworth

New York Court of Chancery1843-05-17
10 Paige Ch. 297

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.