Hendrickson v. Hinckley
Supreme Court of the United States
This was an appeal from the circuit court of the United States for the district of Ohio.. On the 26th of October, 1851, Hendrickson, as survivor of Hendrickson and Campbell, filed a bill in the United States circuit court, for the district of Ohio, alleging that on the 21st day of April, 1848, Hinckley brought a suit on the law side of said court, on three promissory notes against said Hendrickson and one Andrew Campbell.
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This was an appeal from the circuit court of the United States for the district of Ohio.. On the 26th of October, 1851, Hendrickson, as survivor of Hendrickson and Campbell, filed a bill in the United States circuit court, for the district of Ohio, alleging that on the 21st day of April, 1848, Hinckley brought a suit on the law side of said court, on three promissory notes against said Hendrickson and one Andrew Campbell. That said Hendrickson and Campbell set up in their pleadings, and on the trial, for defences, the want of consideration, fraud in obtaining the notes, and payment. That the…
1Opinion of the CourtJustice Curtis
The complainant filed his bill in the circuit court of the United States, for the district of Ohio; and that court having ordered the bill to be dismissed, on a demurrer, for want of equity, the complainant appealed.
The object of the bill is to obtain relief against a judgment at law, founded on three promissory notes, signed by the complainant, and one Campbell, since deceased.
A court of equity does not interfere with judgments at law, unless the complainant has an equitable defence, of which he could not avail himself at law, because it did not amount to a legal defence, or had a.good…
2Cases cited4 opinions
- Creath's Administrator v. SimsSupreme Court of the United States · 1847
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
- Walker v. RobbinsSupreme Court of the United States · 1853
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by68 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Phillips v. NegleySupreme Court of the United States · 1886
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Crim v. HandleySupreme Court of the United States · 1877
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