Buxton v. Broadway
Supreme Court of Connecticut
Bill in equity for the cancellation of a note and an injunction against the prosecution of an action at law upon it; brought to the Superior Court.
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Bill in equity for the cancellation of a note and an injunction against the prosecution of an action at law upon it; brought to the Superior Court. The bill alleged that the note was obtained by fraudulent representations, which were particularly set forth; that it was for 1458.61, was dated June 10,1872, and was payable to the respondent on demand with interest from date; that an action at law had been brought upon it by the respondent against the petitioner in the Court of Common Pleas of Fairfield County, which action was still pending; and that the petitioner had not adequate remedy at…
1Opinion of the CourtPark, C. J.
If the petitioner could compel the respondent to prosecute to final judgment the suit he has commenced on the note in question, then it might be said with truth that he has adequate remedy at law for the grievances set forth in his bill. But the petitioner has no such power over the respondent or the suit; neither does the law furnish him any means of acquiring it. The suit is under the entire control of the respondent, who may withdraw it at any time before the verdict of a jury or a finding of the facts by the court; and, abiding his time, he may take an unconscionable advantage of the…
2Cases cited2 opinions
- City of Hartford v. ChipmanSupreme Court of Connecticut · 1852
- Ferguson v. FiskSupreme Court of Connecticut · 1859
3Cited by5 opinions
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