Legal Opinion

Lloyd v. Brewster

New York Court of Chancery

Decided August 19, 1834PublishedCited by 57 opinions

This was an appeal from a decision of the vice chancellor of the first circuit, refusing leave to the complainant to amend a sworn bill. The bill stated the recovery of a judgment in favor of the compláinant, against the defendant Brewster, for about $700, on a bond and warrant given for goods sold to him by the complainant, upon which judgment an execution had been issued, and returned unsatisfied.

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This was an appeal from a decision of the vice chancellor of the first circuit, refusing leave to the complainant to amend a sworn bill. The bill stated the recovery of a judgment in favor of the compláinant, against the defendant Brewster, for about $700, on a bond and warrant given for goods sold to him by the complainant, upon which judgment an execution had been issued, and returned unsatisfied. The bill contained the usual allegations required to be stated in creditors’ bills, by the -189th rule. The complainant also charged that the goods for which the bond and warrant were given, were…

1Opinion of the Court

The Chancellor.

The vice chancellor was right in supposing this was not a case for a bill with a double aspect. That the different parts of the bill would be inconsistent with each other, if the complainant was permitted, therein, to treat the sale to Brewster as valid, by proceeding against him as a judgment creditor under the judgment recovered for the price of the goods upon the sale, and was at the same time permitted to repudiate such sale on account of the fraud practised upon the complainant in obtaining the goods, and to seek a recovery of the specific articles, or the proceeds…

2Cited by57 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Hardin v. BoydSupreme Court of the United States · 1885
  3. McLean v. ClappSupreme Court of the United States · 1891
  4. Rugan v. SabinCourt of Appeals for the Eighth Circuit · 1892
  5. Bowen v. . MandevilleNew York Court of Appeals · 1884

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