| New Jersey. Court of Chancery - 1877 - 748 σελίδες
...instrument could neither be used nor enforced, and was detrimental to the title of another, it was against conscience for the party holding it to retain it, since he could have none but an unworthy object for so doing. But although the general jurisdiction of the court... | |
| Arkansas. Supreme Court - 1858 - 764 σελίδες
...principles of equity jurisprudence, which is not merely remedial, but is also preventive of injustice. If an instrument ought not to be used or enforced,...he can only retain it for some sinister purpose." See 2 Story's Eq. sec. 700; also Hamilton vs. Cummings, 1, J. Ch. Rep. 520, 524; Hawkshaw vs. Parkins,... | |
| Alabama. Supreme Court - 1898 - 878 σελίδες
...principles of equity jurisprudence, which is not merely remedial but is also preventive of injustice. If an instrument ought not to be used or enforced,...only retain it for some sinister purpose. If it is a negotiable instrument, it may be used for a fraudulent or improper purpose to the injury of a third... | |
| North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1855 - 386 σελίδες
...are founded on the principles of equity being not merely remedial, but also preventive of injustice. If an instrument ought not to be used or enforced, it is against conscience to retain it, as he can do so only for some improper purpose.. If it be a deed purporting to convey... | |
| Joseph Story - 1866 - 860 σελίδες
...principles of equity jurisprudence, which is not merely remedial, but is also preventive of injustice. If an instrument ought not to be used or enforced,...only retain it for some sinister purpose. If it is a negotiable instrument, it may be used for a fraudulent or improper purpose, to the injury of a third... | |
| New Jersey. Court of Chancery - 1870 - 628 σελίδες
...should be dismissed. V. Ought this contract to be delivered up to be canceled? I submit it ought; for, if an instrument ought not to be used or enforced,...the party holding it to retain it, since he can only hold it for some sinister purpose. If it is a deed purporting to convey lands or other hereditaments,... | |
| Edmund Henry Turner Snell - 1872 - 640 σελίδες
...principles of equity jurisprudence, which is not merely remedial, but is also preventive of injustice. If an instrument ought not to be used or enforced,...against conscience for the party holding it to retain 1 Franco v. Bolton, 3 Ves. Jr. 368, 372 ; Si John v. St John, 11 Ves. 535, 536 ; St. 697. 1 St. 698... | |
| Henry Edward Wallace - 1882 - 696 σελίδες
...will in general be ordered to be delivered up to be cancelled. Whenever a writing ought not to be used it is against conscience for the party holding it to retain it. To prevent its being made the means of future trouble or litigation a court of equity will in such... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 σελίδες
...principles of equity jurisprudence, which is not merely remedial, but is also preventive of injustice. If an instrument ought not to be used or enforced,...only retain it for some sinister purpose. If it is a negotiable instrument, it may be used for a fraudulent or improper purpose, to the injury of a third... | |
| Sir Thomas Wardlaw Taylor - 1875 - 640 σελίδες
...principles of equity jurisprudence, which is not merely remedial, but is also preventive of injustice. If an instrument ought not to be used or enforced,...only retain it for some sinister purpose. If it is a negotiable instrument, it may be used for a fraudulent or improper purpose, to the injury of a third... | |
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