Legal Opinion

H. G. S. Key v. Knott

Court of Appeals of Maryland

Decided December 15, 1837PublishedCited by 3 opinions

Appeal from Chancery. The appellant, on the 9th August, 1832, filed his bill, alleging that the appellees had obtained a judgment at law against him for $1,100, with interest from 12th December, 1818, until'paid; that the debt was contracted with Mary Knott, dum sola ; that the judgment was founded on a single bill of the appellant, given for money borrowed by him of the appellee.

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Appeal from Chancery. The appellant, on the 9th August, 1832, filed his bill, alleging that the appellees had obtained a judgment at law against him for $1,100, with interest from 12th December, 1818, until'paid; that the debt was contracted with Mary Knott, dum sola ; that the judgment was founded on a single bill of the appellant, given for money borrowed by him of the appellee. The bill also alleged that part of the money so borrowed, was a forged note of the Bank of the United States for $500. The object of the bill was to obtain an injunction and relief, to the extent of the forged note.…

1Opinion of the CourtStephen, Judge

We think that the decree in this case is erroneous, and ought to be reversed. The complainant against whom the judgment was obtained at law, not being able to make his defence before that tribunal, was clearly warranted in appealing to the remedial powers of a court of equity for that relief, *361which he could not obtain in a court of common law jurisdiction. The action in which the judgment was rendered, was instituted upon a single bill, and the principle is uncontrovertible, that the failure of consideration upon which the defence was founded, could not have been inquired into, or proved,…

2Cited by3 opinions

  1. Groff v. HanselCourt of Appeals of Maryland · 1870
  2. Nelson v. Chesapeake Construction Co.Court of Appeals of Maryland · 1930
  3. Clarke v. Lancaster's LesseeCourt of Appeals of Maryland · 1872

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