McHenry v. . Hazard
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court of the first judicial district, affirming a judgment of the Special Term sustaining a demurrer to the complaint. Hallett wrote a letter to McHenry, both then being in England, upon which letter McHenry wrote an indorsement and returned the letter to Hallett.
Read the full summary
Appeal from the judgment of the General Term of the Supreme Court of the first judicial district, affirming a judgment of the Special Term sustaining a demurrer to the complaint. Hallett wrote a letter to McHenry, both then being in England, upon which letter McHenry wrote an indorsement and returned the letter to Hallett. The letter and indorsement are as follows: “ September §th, 1858. “ James McHenry, Esq.: “ Dear Sir.—How that the negotiation of the bonds of the Atlantic and Great Western R. R. is completed, and the contract for the rails concluded, and my right to receive my commissions…
1Opinion of the CourtAndrews, J.
The power of a court of equity to compel the surrender and cancellation of deeds and other written instruments, obtained by fraud or held for inequitable and unconscientious purposes, is undoubted. The jurisdiction is an ancient one, and is grounded upon the inherent power of the court to take cognizance of frauds, and to administer the peculiar remedies which belong to a court of equity in preventing and suppressing them.
While this jurisdiction has been more frequently invoked in respect to negotiable instruments and instruments purporting to give an interest in real estate, or creating a…
2Cases cited1 opinion
- Siemon v. . SchurckNew York Court of Appeals · 1864
3Cited by32 opinions
- Di Giovanni v. Camden Fire InsuranceSupreme Court of the United States · 1935
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Killian v. EbbinghausSupreme Court of the United States · 1884
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
27 more not listed; retrieve them via the Exa API.