Fuller v. Cadwell
Massachusetts Supreme Judicial Court
Bill in equity setting forth that on the 25th of January 1862 the plaintiff was a creditor of William B. Converse in the sum of $3010, and on that day received payment of his debt from said Converse in full; that on the 12th of June following the defendant Cadwell, assuming to act in behalf of the John Hancock Bank of Springfield, presented to the judge of insolvency for the county of Hampden a petition in insolvency against Converse, praying for the issuing of a warrant…
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Bill in equity setting forth that on the 25th of January 1862 the plaintiff was a creditor of William B. Converse in the sum of $3010, and on that day received payment of his debt from said Converse in full; that on the 12th of June following the defendant Cadwell, assuming to act in behalf of the John Hancock Bank of Springfield, presented to the judge of insolvency for the county of Hampden a petition in insolvency against Converse, praying for the issuing of a warrant against his estate on the ground that the above payment to the plaintiff was an unlawful preference; that upon said…
1Opinion of the CourtMetcalf, J.
This demurrer must be sustained and the bill dismissed. The plaintiff needs no injunction, and is entitled to none. The statements in the bill, which are admitted by the demurrer, show a perfect legal defence to the action of which he prays the court to restrain the prosecution. And nothing is alleged in the bill from which it appears that he cannot as well prove his defence, on the trial of that action, as he could on a hearing of this bill, if the defendants had filed an answer denying its allegations.
A court of equity does not issue an injunction to stay proceedings at law where the rights…
2Cases cited1 opinion
- New-York Dry Dock Co. v. American Life Insurance & Trust Co.New York Court of Chancery · 1844