Donnelly v. Morris

Decided January 5, 1891

The Superior Court of New York City · decided 1891-01-05

■ Both parties reside in New York, but the defendant began the. Massachusetts action against the plaintiff while he was temporarily on a visit to the latter state. The ground of that action is a promissory note made by the plaintiff and delivered to defendant for $1,342, which was immediately indorsed and delivered to one Annie C. Wood, as-trustee, the money loaned upon the note belonging • in fact to-Miss Wood.

Decided 1891-01-05

Per Curiam.

¶1The plaintiff did not establish any equity upon the motion. The supposed equity was founded upon the application by defendant to the payment of the note of partnership assets, or the defendant’s breach of his agreement to apply those assets to the. payment of the note. Either contingency does not create an equity. All of it is that it is inconvenient to ascertain the facts and to go to Massachusetts to defend the action there, This is not ground of equitable interference.

¶2Order affirmed, with ten dollars costs.

¶3Sedgwick, Oh. J., Freedman and Ingraham, JJ., concur.