 | Arkansas. Supreme Court - Law reports, digests, etc - 1877 - 810 pages
...circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable nature, or becanse the defense, not arising on its face, may be difficult or uncertain at law, or from some other... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...the circumstances of the individual cases may dictate ; and that the resort to equity to be sustained must be expedient either because the instrument is liable to abuse from itf negotiable nature, or because the defence not arising on its face, may be difficult or uncertain... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...circumstances of the individual case may dictate; anil that the resort to equity, to bo sustained, must be expedient, either because the instrument is...liable to abuse from its negotiable nature, or because tho defence not arising on its face, may be difficult or uncertain at law, or from some other special... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1857 - 904 pages
...the circumstances of the individual case may dictate, and that the resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable character, or because the defense, not arising upon its face, may be difficult or uncertain at law,... | |
 | Benjamin Robbins Curtis, United States. Supreme Court - Law reports, digests, etc - 1864 - 652 pages
...the circumstances of the individual case may dictate ; and that the resort to equity to be sustained, must be expedient, either because the instrument is...difficult or uncertain at law, or from some other special circumstance peculiar to the case, and rendering a resort here highly proper, and clear of all suspicion... | |
 | United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 1871 - 648 pages
...circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be expedient, either because the instrument is...to abuse from its negotiable nature, or because the defense, not arising on its face, may be difficult, or uncertain at law, or from some other special... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...either because the instrument is Ikble to abuse from its negotiable nature ; or because the deftcse not arising on its face may be difficult or uncertain...and rendering a resort to equity highly proper. And it is now well established that equity will not interpose to decree the cancellation of an instrument,... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1877 - 1278 pages
...instrument is liable to abuse from its negotiable character, or because the defence, not arising upon its face, may be difficult or uncertain at law, or...circumstances peculiar to the case, and rendering a resort to chancery proper and clear of all suspicion of any design to promote expense and litigation." It is... | |
 | William Wait - Actions and defenses - 1878 - 1000 pages
...notwithstanding the guilt of the party ? Porter v. Jones, 6 Cold. 313. The resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable character, or because the defense not arising on its face may be difficult or uncertain at law ; or... | |
 | Law reports, digests, etc - 1891 - 980 pages
...instrument sought to be set aside is liable to abuse from its negotiable nature, or because the defense not arising on its face may be difficult or uncertain at law, or from some other circumstance peculiar to the case, and rendering a resort here" — that is, to a court of equity —... | |
| |
Perhaps the cases may all be reconciled on the general principle, that the exercise of this power is to be regulated by sound discretion, as the circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be... 
