The English Reports (Volume 46) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1904. Excerpt: ... I 1DEG.J.*S.4-. HANSUP V. KITTON . 175 think, therefore, that if the bill had rested the case on this ground only the Plaintiff' as his wife's administrator would have had a clear title to relief. The settlement in my judgment is good for nothing, and has rightly been so treated by the ViceChancellor. As however this was a family transaction in which there is no ground, for imputing to the Defendants dishonesty or wrong intention I do not like fixing them with the costs; but it is not in my opinion a case for giving costs to Mr. Moulton or to the trustees, who ought not to have accepted such a trust in such a state of circumstances. The Lord Justice Turner. I am of the same opinion, and for the same reasons. 440] Hanslip V. Kitton. Before the Lords Justices. May 7, 1863. S. C. 32 L. J. Ch. 662; 9 Jur. (N. S.), 482; 11 W. R. 762; 8 L. T. 197, 376.] A Defendant, against whom a decree for an account was made, had before decree made full discovery by answer as to documents in his possession. Held, nevertheless, that the Plaintiff after decree was entitled to call for an affidavit as to his possession of any documents other than those mentioned in his answer relating to the matters in question. This was a motion by the Plaintiff to discharge an order of Vice-Chancellor Stuart, refusing an application that the Defendants Kitton and Ayliff might be directed to file an affidavit as to documents in their possession. The bill was filed to establish the right of the Plaintiff to a share of the profits of business done for a railway company by the parties to the suit, or some of them, as solicitors. Kitton and Ayliff were interrogated as to the possession of documents, and by their several answers they admitted the possession of documents, which they scheduled. No exception was taken to ...