New York Supreme Court May 16, 1848 (Barber v. Kerr)

By the Court,

Barctjlo, J.

The general rule is undoubted that courts of law have concurrent jurisdiction with courts of equity in cases of fraud. It is equally well settled that fraud in obtaining a promissory note is a good defence to an action brought to collect it. We are not aware of any principle which excepts this case from the ordinary rule.

The case of Rogers v. Rogers, (1 Hall’s Sup.