Crane v. Bunnell
New York Court of Chancery
This case came before the chancellor upon an appeal from a decision of the vice chancellor of the fourth circuit dissolving an injunction. In 1836, the defendants sold to the complainant ten thousand acres of Texian lands for .the price or sum of $1250 ; for which the latter gave to them his promissory notes payable in building slate, in six annual instalments.
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This case came before the chancellor upon an appeal from a decision of the vice chancellor of the fourth circuit dissolving an injunction. In 1836, the defendants sold to the complainant ten thousand acres of Texian lands for .the price or sum of $1250 ; for which the latter gave to them his promissory notes payable in building slate, in six annual instalments. At the time the notes were taken, the defendants executed a written agreement to obtain and deliver to the complainant, within twenty days, scrip of the Rio Grande and Texas Laud Company, entitling him to ten thousand acres of land of…
1Opinion of the Court
The Chancellor.
If the allegations in the complainant’s bill were true, he had a perfect defence at law in the suit upon the notes. And as they were not negotiable and could not therefore be transferred to a bona fide purchaser who would acquire any greater interest therein than the payees themselves had, there was no reason for coming into this court except for the purpose of discovery, merely. The defendants in their answer .having denied the only allegations in the bill upon which the injunction could possibly be sustained, it was a matter of course to dissolve it upon the coming in of that…
2Cited by7 opinions
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Horstmann v. LaFargueSupreme Court of Arkansas · 1919
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- Rosenbaum v. FossSouth Dakota Supreme Court · 1893
- Butler v. LivermoreNew York Supreme Court · 1868
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