Bell v. Cunningham
U.S. Circuit Court for the District of Massachusetts
In equity. This was a bill [by James C. Bell and others against John A. Cunningham and William J. Loring] for an injunction to a judgment at law in this court between the same parties, and for other relief. [Granted.] The case is reported.in 5 Mason, 161, [Case No. 3,479;] and, having been carried by writ of error to the supreme court of the United States, will be found still more fully reported in [Bell v. Cunningham,] 3 Pet. [28 U. S.] 69. The facts now necessary to be…
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In equity. This was a bill [by James C. Bell and others against John A. Cunningham and William J. Loring] for an injunction to a judgment at law in this court between the same parties, and for other relief. [Granted.] The case is reported.in 5 Mason, 161, [Case No. 3,479;] and, having been carried by writ of error to the supreme court of the United States, will be found still more fully reported in [Bell v. Cunningham,] 3 Pet. [28 U. S.] 69. The facts now necessary to be stated to explain the grounds upon which this bill was brought, and upon which the judgment of the court in the present…
1Opinion of the Court
STORY, Circuit Justice.
The case in equity is substantially narrowed down to the consideration, whether the former judgment, so far as regards the non-investment of the 700 pezzos stated in the case, is correct upon the new facts now alleged; and, if not, whether the defendants are entitled, upon the principles of a court of equity, to any relief. If either ground is against the plaintiffs, their bill fails; they can succeed only by establishing both grounds in their favor. There does not appear to have been a written agreement between Mr. Torrey and Messrs. Cunningham, Loring & Co., in…
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