Williams v. Ayrault
New York Supreme Court
mHB plaintiff, Williams, and the defendant Chamberlin, in 1 the spring of 1854, entered into an agreement with the defendant Ayrault, to borrow of him a large amount of money, to enable them to make a purchase of land in Cleveland, Ohio, for which they were to pay interest at the rate of not less than 10, nor over 14 per cent per annum. The rate of interest was to be fixed when the final arrangement should be made for the loan.
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mHB plaintiff, Williams, and the defendant Chamberlin, in 1 the spring of 1854, entered into an agreement with the defendant Ayrault, to borrow of him a large amount of money, to enable them to make a purchase of land in Cleveland, Ohio, for which they were to pay interest at the rate of not less than 10, nor over 14 per cent per annum. The rate of interest was to be fixed when the final arrangement should be made for the loan. They desired Ayrault to take a share of one third or one fourth in the purchase, and he agreed to decide whether he would do so, by the 20th of June, 1854. On the 4th…
1Opinion of the CourtJohnson, J.
It was scarcely denied, by the plaintiff’s counsel upon the argument, that this action, so far as it sought to enjoin and restrain the defendant Ayrault from prosecuting his action, commenced and pending in the state of Ohio, could not be maintained. This may now, I think, be regarded as the settled rule in this country, whatever may he the rule in *367England. (Mead v. Merritt, 2 Paige, 402. Burgess v. Smith, 2 Barb. Ch. 276. Diggs v. Wolcott, 4 Cranch, 179. McKee v. Voorhees, 7 id. 279. 2 Lead. Cas. in Eq. part 2, Amer. Notes, 109.)
It is claimed, however, on the part of the plaintiff, that…
2Cases cited8 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Diggs v. WolcottSupreme Court of the United States · 1807
- Mitchell v. BunchNew York Court of Chancery · 1831
- Bowne v. JoyNew York Supreme Court · 1812
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moran v. PalmerMichigan Supreme Court · 1865
- Vail v. KnappNew York Supreme Court · 1867
- Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897
- Lamberton v. PawloskiMichigan Supreme Court · 1929
- Smith v. LathropSupreme Court of Pennsylvania · 1863
7 more not listed; retrieve them via the Exa API.