Goodsell, Budillon & Co. v. Robert Benson & Co.
Supreme Court of Rhode Island
Bill in Equity to establish a lien and for an account. This case was beard upon bill, answers, proofs, and tlie following agreement signed by the solicitors of the litigating parties in interest: “It is agreed that any sums which might be recovered in any suit at law by Goodsell, Budillon & Co., of Robert Benson & Co., may be recovered in this suit in equity. And that no question of equity jurisdiction is to be raised in this suit in equity.
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Bill in Equity to establish a lien and for an account. This case was beard upon bill, answers, proofs, and tlie following agreement signed by the solicitors of the litigating parties in interest: “It is agreed that any sums which might be recovered in any suit at law by Goodsell, Budillon & Co., of Robert Benson & Co., may be recovered in this suit in equity. And that no question of equity jurisdiction is to be raised in this suit in equity. And the court is to determine therein the conflicting and adverse claims of the several parties claiming the fund in question and administer the remedy…
1Opinion of the CourtPotter, J.
This is a bill in equity in the nature of a bill of interpleader. Story Eq. PI. $ 297; Story Eq. Jur. § 824.
Goodsell, Budillon & Co., a Boston firm, wishing to buy gloves of Joseph Budillon of Naples, Italy, in January, 1875, ma.de this arrangement for payment. They procured from Benson & Co. of London, through their agency in Boston, two letters of credit, one for said Joseph Budillon, the other to themselves, but assigned by them to said Joseph, for acceptance of drafts to be drawn by said Naples party on the London firm payable in London; and said Boston firm, the purchasers, agreed in a…
2Cases cited22 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Baldwin v. HaleSupreme Court of the United States · 1864
- Kirtland v. HotchkissSupreme Court of the United States · 1879
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
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