Commercial Trust, C., Bank v. Hamilton

No averments are to be found in the counter-claim either touching complainant's status or the relief sought, which were not available as a defense to the note in the law court to the same extent as in a court of equity. Even should the averments of paragraphs 4 and 5, above quoted, be deemed adequate to charge complainant with a knowledge of the fraud alleged touching the execution of the note, such fraud was available as a defense in the law court. Duncan, Sherman Co. v. Gilbert,29 N.J. Law 521; Hamilton v. Vought, 34 N.J. Law 187; Haines v. MerrillTrust Co., 56 N.J. Law 312; Mueller v.…