TOOLEY v. JASPER

When an injunction was granted against a judgment at law, obtained on a bond alleged to be unconscionable and without adequate consideration, the injunction will be continued unless the defendant sets forth the consideration particularly in his answer, that the court may judge whether it was adequate or unconscionable.

HALL, J.,

said it seemed to him the answer should have stated the sums advanced, that the Court might judge from thence whether the consideration were adequate or unconscionable; and he refused to dissolve the injunction. The authorities cited for the complainant were 2 C. Digest, Chancery 4 D. 3; 4 D. 4; 4 D. 5; 4 D. 7; 4 D. 10; 4 ed., p. 665, 666, 668, 669.

Cited: McLean v. McLean, 84 N.C. 371.