McKinstry v. Runk

The Chancellor.

The complainants show but very little ground for the favorable consideration of a court of equity.

They owed the money due on the judgment. This is not disputed. The plaintiffs in that judgment, Runk and Ten Eyck, were the proper persons for them to settle with. The negotiation, or arrangement with Fisher, was a mere matter of speculation on their part; and taking into consideration the age of old Mr. Todd, and the position Fisher occupied towards him, it was not right or creditable in the complainants to buy up a lawsuit with the defendants. Although there is no direct evidence…