Livingston's v. Story
Supreme Court of the United States
APPEAL from the district court of the United States for the eastern district of Louisiana. The case, as stated in the opinion of the Court, was as follows: The complainant, the appellant’s testator, on the first day of February, 1S34, filed a bill in equity in the-district court of Louisiana, in which he stated himself to be a citizen of the state of New York, against Benjamin Story, a citizen of the state of Louisiana.
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APPEAL from the district court of the United States for the eastern district of Louisiana. The case, as stated in the opinion of the Court, was as follows: The complainant, the appellant’s testator, on the first day of February, 1S34, filed a bill in equity in the-district court of Louisiana, in which he stated himself to be a citizen of the state of New York, against Benjamin Story, a citizen of the state of Louisiana. The bill charged, that some time previous to the22d of-July, 1822, the complainant, being in want of money, applied to the defendant and John A. Fort for a loan, offering as a…
1Opinion of the CourtJustice Wayne
The legal question to be decided in this case, depends altogether upon the facts disclosed in the bill, answers, and documentary evidence on the record.
The complainant charges, that some time previous to the 25th July, 1822, being in want of money, he applied to the defendant, and John A. Fortj for a loan, offering as security, a lot on the batture of the suburb St. Mary, between Common and Gravier streets, in New Orleans, on which a building intended for stores, had been *378begun; that the defendant and Fort, had agreed to lend him twenty-two thousand nine hundred and thirty-six dollars, of…
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