Atkinson v. Allen
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from a decree dismissing a bill brought by the appellants, R. G. Atkinson and E. B. Houston, to enjoin the appellees, James H. Allen, Thomas West, and J. G. Bush, from prosecuting an action at law against the appellants upon their promissory note and contract.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from a decree dismissing a bill brought by the appellants, R. G. Atkinson and E. B. Houston, to enjoin the appellees, James H. Allen, Thomas West, and J. G. Bush, from prosecuting an action at law against the appellants upon their promissory note and contract. From 1877 to 1886 the appellants were merchants at Fine Bluff, in the state of Arkansas, and the appellees were commission merchants at New Orleans, in the state of Louisiana. Between July, 1877, and February, 1885, the appellees…
1Opinion of the CourtSanborn, Circuit Judge
The grounds on which the appellants sought to maintain this suit in equity were that the note and contract upon which the action at law was founded and the account stated, in settlement of which the note was given, were tainted with usury, and were procured, by means of the threat that a civil suit would be instituted in New Orleans to recover the balance of the account, unless a settlement was made and the notes and contract were executed. Amendment 7 of the constitution of the United States provides:
“In suits at common law, wliere the value in controversy shall exceed twenty dollars, the…
2Cases cited15 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Andrews v. PondSupreme Court of the United States · 1839
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Cockle v. FlackSupreme Court of the United States · 1877
- Scott v. LloydSupreme Court of the United States · 1835
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3Cited by9 opinions
- Fitzgerald v. First Nat. Bank of Rapid CityCourt of Appeals for the Eighth Circuit · 1902
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
- Kiler v. WohletzSupreme Court of Kansas · 1909
- Allen-West Commission Co. v. PatilloCourt of Appeals for the Eighth Circuit · 1898
- Byrne v. BrownSupreme Court of Florida · 1898
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