Bean v. Smith
U.S. Circuit Court for the District of Rhode Island
In equity. This was a hill in equity brought by the plaintiff [Stephen) Bean, against Simon Smith, Ziba Smith, Ahab Smith, Simon Smith, Jr., Esther Stone, William Foster, and Elizabeth Foster, wherein he claimed to be paid, out of certain lands in the possession of the respondents, a debt due to him from Simon Smith, one of the said respondents.
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In equity. This was a hill in equity brought by the plaintiff [Stephen) Bean, against Simon Smith, Ziba Smith, Ahab Smith, Simon Smith, Jr., Esther Stone, William Foster, and Elizabeth Foster, wherein he claimed to be paid, out of certain lands in the possession of the respondents, a debt due to him from Simon Smith, one of the said respondents. The facts which came out in the bill and answers, were as follows: On the 22d day of December, 1808. the plaintiff was the holder of bills of the late Farmers’ Exchange Bank to a large amount; for the payment of these bills William Colwell, the…
1Opinion of the Court
STORX, Circuit Justice.
A preliminary objection has been taken to the jurisdiction of the court, upon two grounds, 1. That the plaintiff claims as assignee of a chose in action, on which, independent of such assignment, no suit could be sustained in this court. 2. That there is a complete and adequate remedy at law, and therefore no reason for the interposition of a court of equity.
The suit is between citizens of different states, and plainly within the general jurisdiction of the circuit court, unless it falls within the restrictive clause of the 11th section of the judiciary act of 1789, c.…
2Cases cited11 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Boyd v. DunlapNew York Court of Chancery · 1815
- Hendricks v. RobinsonNew York Court of Chancery · 1817
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3Cited by56 opinions
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Wehrman v. ConklinSupreme Court of the United States · 1894
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
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