Butler v. Kinzie

Turney, Ch. J.

The. facts leave no doubt of a deliberate and long considered purpose on the part of. .Complainant Butler and Defendant Kinzie to perpetrate a gross fraud on Dr. Franklin and Mrs. Nicholson.

Mrs. Nicholson answered the bill, fully setting out the facts of the fraud, and proved them clearly and definitely. Whereupon, the Chancellor relieved her of all liability on the note sued on. Franklin did not answer, and fro confesso was had as to him, upon which a decree was rendered for the amount of the notes — about $7,000 and interest.

Complainants prayed and obtained a broad appeal.

The…