Mallett v. Weybossett Bank
New York Supreme Court
In Euuity. The above named banks commenced their suits at law to recover of Mallett, as maker, the amount of two promissory notes, endorsed by one Fenner, on whose estate Dexter bad taken out letters of administration. Mallett filed his bills in these suits against the banks and Dexter, alleging that he had an offset of a claim against Fenner; that the notes did not belong to the bank, but in fact to Fenner’s estate; and that they were prosecuting them as his trustee.
Read the full summary
In Euuity. The above named banks commenced their suits at law to recover of Mallett, as maker, the amount of two promissory notes, endorsed by one Fenner, on whose estate Dexter bad taken out letters of administration. Mallett filed his bills in these suits against the banks and Dexter, alleging that he had an offset of a claim against Fenner; that the notes did not belong to the bank, but in fact to Fenner’s estate; and that they were prosecuting them as his trustee. Dexter did not appear or answer; being a resident of Rhode-Island. The banks put in their answers, in which they aver they…
1Opinion of the CourtEdmonds, J.
If, on. the matters of the bills alone, it appears that the plaintiff has an adequate remedy at law, it is immaterial who declines to answer; no injunction can be sustained, and the true test is whether, conceding all that the bill alleges, to be true, he can still have his remedy at law. (Mitchell v. Oakley, 7 Paige, 68.) The plaintiff’s bills allege that the banks are not the holders of the notes; that they are prosecuting them for the benefit of Fenner’s estate, in fraud of the plaintiff’s right to his set-off, and that they are in fact trustees for Dexter, as Fenner’s administrator. If…
2Cases cited1 opinion
- Mitchell v. OakleyNew York Court of Chancery · 1838
3Cited by3 opinions
- Shonk v. KnightWest Virginia Supreme Court · 1878
- Town of Middletown v. Rondout & Oswego RailroadNew York Supreme Court · 1872
- Adams v. Douglas CountyUnited States Circuit Court · 1868