Gregory v. Boston Safe Deposit & Trust Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The court stated the case as follows: In an action at law, brought in the court below, in the name of Charles F. Jones against William C. N. Swift, judgment was rendered against the latter upon a promissory note dated April 20, 1883. That judgment was satisfied by the payment into court, pursuant to an agreement between the parties, of the amount, principal and interest, due Upon it —…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The court stated the case as follows: In an action at law, brought in the court below, in the name of Charles F. Jones against William C. N. Swift, judgment was rendered against the latter upon a promissory note dated April 20, 1883. That judgment was satisfied by the payment into court, pursuant to an agreement between the parties, of the amount, principal and interest, due Upon it — $21,926.90. Subsequently, January 10, 1887, that sum was transferred' to the credit of the suit in equity in the same court…
1Opinion of the CourtJustice Harlan
We are of opinion that the questions attempted to be raised by the present suit should have been presented, and can' be effectively determined only in equity cause No. ■ 2170. And such we understand to have been the opinion of the Circuit Judge. But the decree below is, in form, one upon the merits, and might perhaps be pleaded in bar of any claim that Gregory, or Gregory and Jones, might assert in suit No. 2170 to the funds in question. Without passing upon any of the questions raised by the pleadings in. this case, we hold that the decree should have been without prejudice to any right he…
2Cited by6 opinions
- Greene v. United Shoe Machinery Co.Court of Appeals for the First Circuit · 1903
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1935
- Midland National Bank v. HendricksonSupreme Court of Minnesota · 1924
- Gregory v. PikeSupreme Judicial Court of Maine · 1900
- Schwartz v. StoneSupreme Court of Colorado · 1957
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