Russ v. Wilson
Supreme Judicial Court of Maine
This was a bill in equity, instituted in July, 1841, wherein the plaintiff alleges that on Feb. 28, 1822, he gave his note to the defendant, Wilson, and his then partner, Z. Porter, since deceased, for @120, payable in six months with interest, and on the day next following he left with them, they being attorneys at law, a large amount of notes and accounts in his favor against different persons to pay this note, and that they agreed to collect the demands, pay the note from…
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This was a bill in equity, instituted in July, 1841, wherein the plaintiff alleges that on Feb. 28, 1822, he gave his note to the defendant, Wilson, and his then partner, Z. Porter, since deceased, for @120, payable in six months with interest, and on the day next following he left with them, they being attorneys at law, a large amount of notes and accounts in his favor against different persons to pay this note, and that they agreed to collect the demands, pay the note from the money, and account to Russ for the balance ; that he supposed the note to have been paid until a suit was brought…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— In matters of equity this Court has but a limited jurisdiction. It is therefore incumbent on the part of the plaintiff, in every cause of this kind, to biing his case within some one of the specifications in the statutes, authorizing the Court to take cognizance of such matters. The plaintiff, in his bill here, sets forth a special contract between himself and the defendant, and his deceased partner, Porter, and that the same has been broken by them. His statement is, that he had left with them certain demands, against a number of…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Hopkins v. LeeSupreme Court of the United States · 1821
3Cited by2 opinions
- Burnham v. KemptonSupreme Court of New Hampshire · 1860
- Dunn v. DunnSupreme Court of Alabama · 1845