Rogers v. Salmon
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the first circuit, allowing the demurrer of the defendant Salmon to the complainant’s bill, for want of equity. The bill was filed to prevent the collection of a bond and mortgage given to the defendants Salmon and Simonson, and afterwards assigned by them to the other defendant in this suit; and to have such bond and mortgage declared void by a decree of this court, and delivered up and cancelled.
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This was an appeal from a decree of the vice chancellor of the first circuit, allowing the demurrer of the defendant Salmon to the complainant’s bill, for want of equity. The bill was filed to prevent the collection of a bond and mortgage given to the defendants Salmon and Simonson, and afterwards assigned by them to the other defendant in this suit; and to have such bond and mortgage declared void by a decree of this court, and delivered up and cancelled. Whenever a wrong has been perpetrated, for which redress in a court of law is difficult or dubious, or not well defined, a court of equity…
1Opinion of the Court
The Chancellor.
As the respondent has not thought proper to answer the allegations in this bill, every thing stated therein which goes to show that the complainant has a claim to relief of any kind, in this court, must be taken as true. From those statements, it appears that during the prevalence of the speculating mania, which recently afflicted so many of the citizens not only of this state but of the whole union, the complainant was induced to purchase of the defendants, Salmon and Simonson, three small lots in a lithographic village to be located upon Staten Island, at the price of sixteen…
2Cited by7 opinions
- Coral Gables Corp. v. HamiltonSupreme Court of Georgia · 1929
- Phillips v. . West Rockaway Land Co.New York Court of Appeals · 1919
- Hofmann v. HofmannNew York Supreme Court · 1939
- Martin v. South Bluefield Land Co.West Virginia Supreme Court · 1917
- Farmers' Loan & Trust Co. v. HuntNew York Supreme Court · 1853
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