Jennings v. Webster
New York Court of Chancery
This was an appeal from a decree of the former vice chancellor of the eighth circuit, the Hon. Addison Gardner, allowing a demurrer to the complainant’s cross-bill; and dismissing such bill with costs.
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This was an appeal from a decree of the former vice chancellor of the eighth circuit, the Hon. Addison Gardner, allowing a demurrer to the complainant’s cross-bill; and dismissing such bill with costs. Webster filed a bill against Jennings for the purpose of foreclosing and obtaining satisfaction of a bond and mortgage, given to the former by the latter in 1835. Jennings thereupon filed his bill in this cause, in the nature of a cross-bill, for the purpose of obtaining a decree to set off, against the monies due on the bond and mortgage, the damages sustained by the breach of an agreement,…
1Opinion of the Court
The Chancellor.
The demurrer in this case proceeds upon the ground that the complainant has a remedy at law to recover his damages, if he is entitled to any, for the breaches of 'the alleged agreement; and that he has no equity to set off unliquidated damages, arising from such an agreement, against the amount due on the bond and mortgage to Webster ; and also upon the further ground that if an offset was allowable in such a case, it was sufficient to set up that defence in the answer to the original bill.
The demurrer appears to be .well taken upon both of these grounds. The claim of the…
2Cases cited1 opinion
- McAlister v. MontgomeryTennessee Supreme Court · 1816
3Cited by6 opinions
- Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1891
- Smith v. BillingsAppellate Court of Illinois · 1896
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1960
- Armstrong v. McKelveyNew York Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.