Plunkett v. Dillon
Court of Chancery of Delaware
Bill in Equity to restrain proceedings at law, AND FOR AN INJUNCTION; MOTION TO DISSOLVE. — The bill was filed to restrain two suits at law brought by the defendant against the complainant, one being an action of assumpsit, upon the common counts, to recover a balance due upon various transactions between the parties, and the other an action for damages accruing from the entry of a judgment upon the defendant’s bond for $3000, which, it was claimed by the defendant, was…
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Bill in Equity to restrain proceedings at law, AND FOR AN INJUNCTION; MOTION TO DISSOLVE. — The bill was filed to restrain two suits at law brought by the defendant against the complainant, one being an action of assumpsit, upon the common counts, to recover a balance due upon various transactions between the parties, and the other an action for damages accruing from the entry of a judgment upon the defendant’s bond for $3000, which, it was claimed by the defendant, was fully paid prior to the entry of judgment, and which was also alleged to have been originally usurious and void. The bill…
1Opinion of the Court
The Chancellor :
This bill is filed to restrain the further prosecution of two,suits at law brought by the defendant, Dillon, against the complainant, Plunkett, one being an action of assumpsit on the common counts, to recover abalance, alleged tobe due from Plunkett to Dillon upon settlement of sundry transactions, the other being an action for damages resulting from the entry and lien of a judgment for $3000, still unsatisfied on the record, which Dillon alleges to have been entered fraudulently upon a bond, which, at the date of the entry of judgment, was fully paid. The answer also alleges…
2Cited by7 opinions
- Tweed v. LocktonSuperior Court of Delaware · 1932
- Morgan v. OwnbeySuperior Court of Delaware · 1916
- Industrial Trust Co. v. MillerSuperior Court of Delaware · 1933
- Smulski v. H. Feinberg Furniture Co.Superior Court of Delaware · 1937
- Cawker v. Central Bitulithic Paving Co.Wisconsin Supreme Court · 1907
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