Minturn v. Seymour
New York Court of Chancery
BILL, filed November 8, 1819, stating, that in September, 1814, the defendant, at the request of the plaintiff, and W. Minturn, made a promissory note for 2,900 dollars, payable to them or order, which was discounted at the Bank of New- York, for the benefit of J. W. M. That before the note became due, the plaintiff and W. M. failed, and the note was protested for non-payment.
Read the full summary
BILL, filed November 8, 1819, stating, that in September, 1814, the defendant, at the request of the plaintiff, and W. Minturn, made a promissory note for 2,900 dollars, payable to them or order, which was discounted at the Bank of New- York, for the benefit of J. W. M. That before the note became due, the plaintiff and W. M. failed, and the note was protested for non-payment. That, in November, 1814, finding that the defendant and several other creditors, were willing to release the plaintiff, provided all the creditors would do so ; the plaintiff, with the advice of the defendant, had a…
1Opinion of the Court
The Chancellor.
The answer denies all the equity of this bill. It is true, the answer endeavours to strengthen the defendant’s case, by the introduction of new matter, and if the defence rested upon such new matter, and had admitted the equity set forth in the bill, then, according to the reason of the thing, and the general rule declared in Allen v. Crobroft, (Barnard. Ch. Rep. 373.) the injunction ought to have been continued to‘the hearing. But in this case the equity of the bill is denied. That equity consisted in the averment, that the instrument set forth in the bill, was sealed with the…
2Cited by8 opinions
- Union Trust Co. v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1925
- Winter v. GoebnerColorado Court of Appeals · 1892
- Barnes v. . WardSupreme Court of North Carolina · 1852
- Hudson v. LaytonSupreme Court of Delaware · 1848
- Onondaga County Milk Ass'n v. WallNew York Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.