Legal Opinion

Perkins v. Currier

U.S. Circuit Court for the District of Maine

Decided May 15, 1847Published

[These were bills in equity by Angier M. Perkins and Jacob Perkins against Solomon H. Currier and Nathaniel Perkins, executors of Abraham Perkins, and the same plaintiffs against Hazen Morse, Isaac Cary, and Vistus Balch, in addition to the same- defendants.] They related .to the same transaction, but the latter part of it, after 1833, included additional respondents. These last were proceeded against in a second bill.

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[These were bills in equity by Angier M. Perkins and Jacob Perkins against Solomon H. Currier and Nathaniel Perkins, executors of Abraham Perkins, and the same plaintiffs against Hazen Morse, Isaac Cary, and Vistus Balch, in addition to the same- defendants.] They related .to the same transaction, but the latter part of it, after 1833, included additional respondents. These last were proceeded against in a second bill. The substance of the allegations in both was, that in 1817, Jacob and Abraham Perkins were brothers, residing at Newburyport, Mass. That the former had invented the stereotype…

1Opinion of the Court

WOODBURY, Circuit Justice.

This is one of those unfortunate family quarrels, where the conduct of the parties on both sides has probably been different between near relations, from what it would have been between strangers. Greater liberties have been taken on the one side, and more confidence reposed, and greater forbearance exercised on the other, than is usual. And yet, it is not without considerable difficulty, that, in most of the points of controversy, a line can be drawn, beyond which, in law and equity, either side has clearly passed, and cannot be justified in it. The chief parties…

2Cases cited12 opinions

  1. Murray v. LylburnNew York Court of Chancery · 1817
  2. Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
  3. Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
  4. Hallett v. WylieNew York Supreme Court · 1808
  5. Bleecker v. SmithNew York Supreme Court · 1835

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