Marsh v. Whitmore
Supreme Court of the United States
Appeal from the Circuit Court for the District of Maine. •On the 12th of March, 1869, Marsh, of Maryland, filed a bill in the court below against Whitmore, an attorney and counsellor of Maine, to compel him to account for certain bonds of the Kennebec and Portland Railroad Company, and to charge him with certain notes of the same corporation, received from him, the complainant; and which bonds and notes the bill alleged that he, the complainant, had, in the year 1855, placed…
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Appeal from the Circuit Court for the District of Maine. •On the 12th of March, 1869, Marsh, of Maryland, filed a bill in the court below against Whitmore, an attorney and counsellor of Maine, to compel him to account for certain bonds of the Kennebec and Portland Railroad Company, and to charge him with certain notes of the same corporation, received from him, the complainant; and which bonds and notes the bill alleged that he, the complainant, had, in the year 1855, placed in the hands of the defendant as security for advances to be made by him in effecting a compromise with the…
1Opinion of the CourtJustice Field
The answer of the defendant is sustained in all material allegations by the evidence in the case, except in one particular, which we will presently mention.
So far as the notes are concerned the case may be dismissed from further consideration. The bill does not charge any fraudulent conduct on the part of the defendant in connection with them, b.ut merely a neglect of professional duty in prosecuting them. The insolvency of the company, and the amount of its mortgages, are a sufficient answer to the charge for neglecting to proceed against its property, and the decision of the Supreme Court…
2Cited by86 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Speidel v. HenriciSupreme Court of the United States · 1887
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Hayes v. Port of SeattleSupreme Court of the United States · 1920
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