Minturn v. . Farmers' Loan and Trust Co.
New York Court of Appeals
In November, 1842, Minturn filed the bill in this cause against the Farmers’ Loan and Trust Company, praying for an injunction to stay the proceedings in an actiou at law which the company had instituted against the complainant to recover the sum of $5405,51, due from the latter upon a note or promise in writing.
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In November, 1842, Minturn filed the bill in this cause against the Farmers’ Loan and Trust Company, praying for an injunction to stay the proceedings in an actiou at law which the company had instituted against the complainant to recover the sum of $5405,51, due from the latter upon a note or promise in writing. The vice chancellor of the first circuit, after hearing the cause on pleadings and proofs, dismissed the bill with costs, and his decision was affirmed by the supreme court on appeal. The plaintiff appealed to this court. The questions in the case are stated in the opinion delivered…
1Opinion of the CourtHarris, J.
The most general description of a court of equity is, that it is a court having jurisdiction in cases where a plain, adequate and complete remedy can not be had, at law. . There are exceptions and limitations to this general proposition, but none, I think, which can give such a court jurisdiction of this case. The plaintiff filed his bill to arrest a trial at law, and transfer the litigation to the court of chancery. He asks for no discoveiy, and alledges no defect in the means of establishing his defence at law. The defendants, in their answer, object to the jurisdiction of the court on the…
2Cases cited3 opinions
- Perrine v. StrikerNew York Court of Chancery · 1839
- Sailly v. ElmoreNew York Court of Chancery · 1831
- Morse v. HoveyNew York Court of Chancery · 1841
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- Town of Springport v. . Teutonia Savings BankNew York Court of Appeals · 1878
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