Davenport v. Cole

New Jersey Court of Chancery

Davenport v. Cole

6 N.J. Eq. 522

DecidedDecember 15, 1847

StatusPublished

This text of 6 N.J. Eq. 522 (Davenport v. Cole) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davenport v. Cole, 6 N.J. Eq. 522 (N.J. Ct. App. 1847).

Pincite

Opinion

The Chancellor.

The testimony is so volumnious that I shall not attempt to give a statement of it in detail.

The pleadings and evidence shew, satisfactorily, that Cook’s mind was greatly impaired; that Cole’s position in reference to him was such as to subject him to an undue influence and control over him by Cole ; and that the consideration to be given by Cole for the property transferred to him by the agreement was greatly inadequate. These three considerations united are sufficient to set aside the agreement.

Decree for complainants.

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The Chancellor.

The testimony is so volumnious that I shall not attempt to give a statement of it in detail.

The pleadings and evidence shew, satisfactorily, that Cook’s mind was greatly impaired; that Cole’s position in reference to him was such as to subject him to an undue influence and control over him by Cole ; and that the consideration to be given by Cole for the property transferred to him by the agreement was greatly inadequate. These three considerations united are sufficient to set aside the agreement.

Decree for complainants.

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Bluebook (online)

6 N.J. Eq. 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-cole-njch-1847.