CHASE v. MANHARDT

CHASE v. MANHARDT.

On a motion to dissolve an injunction on the coming in of the answer, the facts only
as set forth in the answer are to be considered as established, not the opinions or
reasoning of the party; and therefore, where a defendant insisted upon a claim to
a certain amount, according to certain proceedings which, of themselves, showed
that it could not have amounted to so much; it was held, that the facts so shown
by the defendant himself could not be overruled by any thing he had alleged as
being, in his opinion, a correct conclusion of law from them.

Where there is an agreement to allow for payments, or a verdict has been taken by
surprise or mistake, it furnishes a ground for the interference of a court of equity;
but if the mistake can be corrected in this court, a new trial at law will not be
ordered.

Where it is admitted by the answer, that there still remains a dispute between the
parties, the injunction is always continued until the final hearing.

Where in a contract between A and B alone, A stipulated to pay a sum of money to
B, upon condition, that he made an assignment of certain property to A, and
delivered the assignment to C, before a certain day; it was held, that A was to be
considered as the contracting party, who alone could dispense with the condition.

Where a party bound himself to secure the payment of money, by giving his notes
payable so many days after date, but failed to do so; it was held, that the debt
should bear interest from the time the notes, had they been given, would have
fallen due.

Interest is paid for the use or forbearance of money; and therefore, where a debtor
is prevented by law from making payment, or cannot pay, because of any public
calamity, such as that of a public war, he will not be charged with interest.

But an attachment laid in his hands, as a garnishee. does not prevent him from
bringing the money into court so as to stop interest; and therefore, if, as garnishee.
he contests the plaintiff's claim, either in his own right, or as an ally of the defend-
ant, he will be charged with interest.

If a creditor, in any manner, receives only the principal of his debt, so as not to
relinquish his claim to the interest then due, he may afterwards recover the interest
as if it were a part of the principal.

In some cases, a party may be relieved from the consequences of a fraud which has
been practised upon a third person.

This bill was filed on the 30th of December, 1818, by Samuel
Chase against Christian L. Manhardt, and others; in which it is
alleged, that the defendant Manhardt had obtained a judgment
against James Bryden for a large sum of money, upon whick he
had sued out an attachment, and had it laid in the hands of this
plaintiff Chase, as garnishee of the defendant Bryden; upon which
attachment Mankardt had, by surprise and fraud, obtained a judg-
ment of condemnation against the plaintiff for an amount which he
did not owe to Bryden. Whereupon the plaintiff prayed for an
injunction to stay execution upon the judgment, and for such relief
as the nature of his case required. After which the plaintiff filed
an injunction bond, when, on the 16th of January, 1819, an