Hedges v. Clark

Court of Chancery of Delaware

Hedges v. Clark

2 Del. Cas. 471

DecidedApril 15, 1819

StatusPublished

This text of 2 Del. Cas. 471 (Hedges v. Clark) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hedges v. Clark, 2 Del. Cas. 471 (Del. Ct. App. 1819).

Pincite

Opinion

The Chancellor.

The complainant is entitled to relief to a certain extent, according as the case now appears to me. Certainly Hedges should not be compelled to pay the whole debt, that is, the whole note, but then the other indorsers should pay their parts also. If Hedges goes on and obtains complete relief, that [473]*473is, to the amount of the note, then Clark is wronged. Now, as at present advised, I think that all the indorsers should contribute. It is said that no consideration passed from one to the other, surely the equity will not compel Clark to bear the whole loss. Walker is insolvent, and upon that principle the case comes here. If Hedges asks equity, let him do equity. If he was an indorser as well as Clark, and no consideration passed to either, justice will certainly not compel Clark to bear whole loss. Demurrer allowed as to want of parties; and overruled as to want of equity. The Chancellor does not hold himself concluded by this opinion as to relief; only as to want of parties.

Free access — add to your briefcase to read the full text and ask questions with AI

The Chancellor.

The complainant is entitled to relief to a certain extent, according as the case now appears to me. Certainly Hedges should not be compelled to pay the whole debt, that is, the whole note, but then the other indorsers should pay their parts also. If Hedges goes on and obtains complete relief, that [473]*473is, to the amount of the note, then Clark is wronged. Now, as at present advised, I think that all the indorsers should contribute. It is said that no consideration passed from one to the other, surely the equity will not compel Clark to bear the whole loss. Walker is insolvent, and upon that principle the case comes here. If Hedges asks equity, let him do equity. If he was an indorser as well as Clark, and no consideration passed to either, justice will certainly not compel Clark to bear whole loss. Demurrer allowed as to want of parties; and overruled as to want of equity. The Chancellor does not hold himself concluded by this opinion as to relief; only as to want of parties.

Cite This Page — Counsel Stack

Bluebook (online)

2 Del. Cas. 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedges-v-clark-delch-1819.