Hoyt v. Story
New York Supreme Court
In Equity. Motion to dissolve an injunction on bill and answer. The bill showed that on the 12th of June, 1847, the rail-road company made a contract with one Brown to grade, &c. sections 62, 63, 64 and 65 of said rail-road.
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In Equity. Motion to dissolve an injunction on bill and answer. The bill showed that on the 12th of June, 1847, the rail-road company made a contract with one Brown to grade, &c. sections 62, 63, 64 and 65 of said rail-road. On the 21st of June, Brown made a contract with' one Depuy, by which the latter agreed to grade, &c. certain parts of sections 63 and 64; and Brown agreed to pay him at the rate of ninety cents on the dollar of the prices which he should receive from the company; that said Brown abandoned the work and the defendant Story assumed the control of the same, and instructed…
1Opinion of the CourtBarcxjlo, J.
It will be unnecessary to examine the numerous objections to the injunction which appear upon the answers, and which have been urged with great force by the counsel; as I have come to the conclusion that the plaintiff’s bill does not show a case for equitable jurisdiction. The general rule is undisputed, that a court of equity will not aid a creditor to reach the effects of his debtor until the former has established and liquidated his claim in a court of law. It is true that there are exceptions to this rule; but the present case does not fall within any of them. The principle invoked by the…
2Cases cited4 opinions
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Clark v. MauranNew York Court of Chancery · 1831
- Hawley v. RossNew York Court of Chancery · 1838
- Townsend v. BabcockNew York Supreme Court · 1836
3Cited by6 opinions
- Shuttleworth v. BruceThe Superior Court of New York City · 1868
- Sullivan v. Portland & K. R.U.S. Circuit Court for the District of Maine · 1874
- Commercial National Bank v. PortlandOregon Supreme Court · 1900
- Frost v. CraigCity of New York Municipal Court · 1889
- Parker v. BaxterNew York Supreme Court · 1879
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