Auburn City Bank v. Leonard
New York Supreme Court
Motion to stay proceedings in first entitled suit until after the trial of the suit secondly entitled. The plaintiffs in the first entitled suit, state in their complaint that one Thomas W. Smith was indebted to such hank in notes in the sum of $5,500, and in drafts upon R. S. Torry, accepted by said Tony, in the sum of $1,033.33,. protested for non-payment.
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Motion to stay proceedings in first entitled suit until after the trial of the suit secondly entitled. The plaintiffs in the first entitled suit, state in their complaint that one Thomas W. Smith was indebted to such hank in notes in the sum of $5,500, and in drafts upon R. S. Torry, accepted by said Tony, in the sum of $1,033.33,. protested for non-payment. That all of said notes and drafts, except one note for $4,000, were past due on the 4th of March, 1859, when the defendant in the first entitled suit, George N. Leónard, who was then the plaintiff’s cashier, entered into an agreement,…
1Opinion of the Court
E. Darwin Smith, Justice.
If the matters set up in the complaint in the second suit are sufficient to entitle the plaintiff Leonard to a decree reforming the agreement therein mentioned, the same matter would constitute a complete equitable defence in the suit at law first commenced to enforce such agreement. An equitable defence may now be interposed to a legal action, and is equally available with a legal defence. (Haire agt. Baker, 1 Selden, 362; Dobson agt. Pierce, 2 Kernan, 162; Cary agt. Goodman, 2 Kern an, 266 ; Phillips agt. Gorham, 17 N. Y. Rep., 275.) The case of Haire agt. Baker was…
2Cases cited1 opinion
- Phillips v. . GorhamNew York Court of Appeals · 1858
3Cited by8 opinions
- Sheehan v. HamiltonNew York Court of Appeals · 1866
- Bartholomay Brewing Co. v. HaleyAppellate Division of the Supreme Court of the State of New York · 1897
- Tyler v. Standard Wine Co.New York Supreme Court · 1907
- Bartholomay Brewing Co. v. HaleyAppellate Division of the Supreme Court of the State of New York · 1897
- Sheehan v. HamiltonNew York Court of Appeals · 1864
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