Dunkin v. Vandenbergh
New York Court of Chancery
The complainant filed a bill in this cause to set aside an assignment made by the defendant, who was insolvent, as fraudulent. After the defendant had put in answer, the bill was dismissed, with costs for want of prosecution. The complainant then applied to set off a note which he held against the defendant, and which by his answer he had admitted to be due, against the costs taxed in this suit.
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The complainant filed a bill in this cause to set aside an assignment made by the defendant, who was insolvent, as fraudulent. After the defendant had put in answer, the bill was dismissed, with costs for want of prosecution. The complainant then applied to set off a note which he held against the defendant, and which by his answer he had admitted to be due, against the costs taxed in this suit. The application was resisted by the solicitor for the defendant, upon the grounds that the whole costs belonged to him; that the defendant was unable to pay him any thing, and that he had himself been…
1Opinion of the Court
The Chancellor :—On a bill filed in this court for a set-off, the powers of this court are more extensive than those of courts of common law where a set-off is claimed there in the ordinary progress of a suit. But on applications of this kind I apprehend the ground on which relief is granted is the same in all courts. It is the equitable control which they *are authorized to exercise over the parties and proceedings in causes before such courts, to prevent injustice. Hence one court will not order a party against whom a judgment has been obtained, to deduct the amount from a judgment which he…
2Cases cited2 opinions
- Devoy v. BoyerNew York Supreme Court · 1808
- Brewerton v. HarrisNew York Supreme Court · 1806
3Cited by26 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Carter v. BennettSupreme Court of Florida · 1855
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
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