Allen v. Galloway
United States Circuit Court
In Equity. Plaintiffs are cotton factors at New Orleans, and defendants were a firm of merchants in Tennessee, shipping cotton to them. Plaintiffs owed the defendant firm a balance on account. During the season, Galloway, one of the defendants, opened an account individually with plaintiffs, shipping cotton to secure his margins for speculations in cotton futures. Upon this account he owed a large balance to plaintiffs.
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In Equity. Plaintiffs are cotton factors at New Orleans, and defendants were a firm of merchants in Tennessee, shipping cotton to them. Plaintiffs owed the defendant firm a balance on account. During the season, Galloway, one of the defendants, opened an account individually with plaintiffs, shipping cotton to secure his margins for speculations in cotton futures. Upon this account he owed a large balance to plaintiffs. Defendants, becoming insolvent, made an assignment, and thereupon Carter Bros, attached by garnishment the balance due the firm in plaintiffs’ hands. After the garnishment was…
1Opinion of the CourtHaMmond, J.
Whatever rule may prevail elsewhere, there can be, in the equity courts of the United States, no relief from a mistake of law. Hunt v. Rousmaniere, 1 Pet. 1, 15; Bank of U. S. v. Daniel, 12 Pet. 32, 55; Railroad Co. v. Soulter, 13 Wall. 517, 524; Upton v. Tribilcock, 91 U. S. 45, 50, 51; Lamborn v. County Com'rs, 97 U. S. 181, 185; Snell v. Insurance Co., 98 U. S. 85, 90, 92; U. S. v. Ames, 99 U. S. 35, 46, 47.
It was distinctly proclaimed in Snell v. Insurance Co., supra, that the ruling in that case was not to be considered as any departure from the general and salutary principle to which…
2Cases cited9 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Grimes v. SandersSupreme Court of the United States · 1876
- Hunt v. RhodesSupreme Court of the United States · 1828
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- United States v. AmesSupreme Court of the United States · 1879
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3Cited by4 opinions
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- Goodno v. HotchkissDistrict Court, D. Connecticut · 1916
- Greenberg v. German American Ins.Oregon Supreme Court · 1916
- Arandes v. BáezSupreme Court of Puerto Rico · 1914