Huggins v. King
New York Supreme Court
In Equity, The bill stated that on the 24th day of De-, cember, 1839, the plaintiff gave- his note to one Snyder for $90,. upon which two payments of $40 each were subsequently endorsed. That in February, 1840, he gave to the firm of Z. Pratt & Co. two notes, one for $40, the other for $20, which were afterwards, transferred to the ^defendant Scudder.
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In Equity, The bill stated that on the 24th day of De-, cember, 1839, the plaintiff gave- his note to one Snyder for $90,. upon which two payments of $40 each were subsequently endorsed. That in February, 1840, he gave to the firm of Z. Pratt & Co. two notes, one for $40, the other for $20, which were afterwards, transferred to the ^defendant Scudder. That on the 8th day of' January, 1845, the plaintiff obtained a discharge under the bankrupt act of 1841. That the plaintiff resided at the time in Lexington in the county of Greene; that the defendant King had been for several years a…
1Opinion of the CourtHarris, J.
Among the grounds of equitable jurisdiction enumerated by the elementary writers, is relief against frauds in verdicts, judgments, decrees and other judicial proceedings. (1 Story’s Eq. § 252. Fonbl. Eq. B. 1, ch. 1, § 3, note f.) To induce a court of equity to grant relief against a judgment, it must appear that the party seeking relief was prevented from availing himself of his defence against the judgment by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. (Foster v. Wood. 6 John. Ch. 87. Tilas v. Jones, 1 Comstock, 281.) The case made by…
2Cited by15 opinions
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