Monroe v. Delavan
New York Supreme Court
APPEAL by the plaintiffs, from, an order made at a special term, allowing a demurrer to the complaint, and ordering judgment for the defendants. The complaint stated that, in 1847, B. Tibbitts, one of the above defendants, recovered a judgment in the supreme court against Richard R. Ward, Samuel Glover and Joseph Blunt, for $2819.12, and that on the 3d of April, 1848, he filed a creditor’s bill to enforce the said judgment against the same parties.
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APPEAL by the plaintiffs, from, an order made at a special term, allowing a demurrer to the complaint, and ordering judgment for the defendants. The complaint stated that, in 1847, B. Tibbitts, one of the above defendants, recovered a judgment in the supreme court against Richard R. Ward, Samuel Glover and Joseph Blunt, for $2819.12, and that on the 3d of April, 1848, he filed a creditor’s bill to enforce the said judgment against the same parties. It also stated that the consideration of the said judgment was a promissory note, obtained by Edward O. Delavan from the same parties by…
1Opinion of the Court
By the Court, Peabody, J.
The plaintiffs in their complaint say, that in August, 1847, the defendant Tibhitts obtained a judgment against the plaintiff Blunt, and two others, on anote given by them to Delavan, for about $2800. That in April, 1848, Tibhitts filed a bill in chancery to enforce said judgment, to which Blunt set up as a defense that the note on which the judg- >, ment had been recovered was made and delivered to Delavan *20to procure the release of Blunt from a contract he had made with Delavan, which he had been induced to make by fraudulent representations of said Delavan. The…
2Cases cited2 opinions
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Calkins v. AllertonNew York Supreme Court · 1848
3Cited by4 opinions
- Campau v. Van DykeMichigan Supreme Court · 1867
- Craft v. ThompsonSupreme Court of New Hampshire · 1872
- Burr v. BiglerNew York Supreme Court · 1863
- Greenwood v. MarvinNew York Supreme Court · 1887