Lattomus v. Garman
Court of Chancery of Delaware
Bill for an injunction to restrain proceedings AT LAW. — The defendant, Collier, held the complainant’s judgment bond for $340, dated I'ebruary 28th, 1865, payable in six months, with interest from date. On March 1st, 1866, this bond was assigned by Collier to Garman, who proceeded to collect it by execution. The bill sought to restrain its collection on the ground that the bond, before its assignment to Garman, had been discharged.
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Bill for an injunction to restrain proceedings AT LAW. — The defendant, Collier, held the complainant’s judgment bond for $340, dated I'ebruary 28th, 1865, payable in six months, with interest from date. On March 1st, 1866, this bond was assigned by Collier to Garman, who proceeded to collect it by execution. The bill sought to restrain its collection on the ground that the bond, before its assignment to Garman, had been discharged. It was claimed that the bond had been partly paid by the complainant’s share of the proceeds of a peach crop, sold on account of Lattomus and Collier,…
1Opinion of the Court
The Chancellor:—
The proof shows that, while Collier held the bond of the complainant, to restrain proceedings upon which this bill is filed, and before it was assigned to Garman, Collier became indebted to the complainant for the sum of $194.06, being the share of the latter of the net proceeds of a peach crop sold for their joint account, and the proceeds of which came into Collier’s hands. Next we are to inquire whether this sum of $194.06, in Collier’s hands, became a credit to the bond. I do not find that there was, as is alleged by the bill, a special agreement between the parties for…
2Cases cited3 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Wailing v. TollNew York Supreme Court · 1812
- Carver v. TracyNew York Supreme Court · 1808
3Cited by1 opinion
- Chapman v. ChapmanSupreme Court of Virginia · 1895