Lyman v. Brown
U.S. Circuit Court for the District of Rhode Island
This was an action in which the plaintiffs [William Lyman and others] counted on bills of exchange, accepted by the defendants [Brown, Hibbard, Browne & Co.] and indorsed to the plaintiffs. The original writ, by which the action was commenced, was returnable to and entered at the last term.
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This was an action in which the plaintiffs [William Lyman and others] counted on bills of exchange, accepted by the defendants [Brown, Hibbard, Browne & Co.] and indorsed to the plaintiffs. The original writ, by which the action was commenced, was returnable to and entered at the last term. Personal service was made on some of the defendants, who were copartners, and all of them appeared by attorney, and pleaded that they never promised, &c. moved for leave to plead, puis darrein, that the plaintiffs had recovered a judgment against the defendants for the same cause of action, in a court of…
1Opinion of the Court
CURTIS, Circuit Justice.
The defendant could not have pleaded the lis pendens in a foreign jurisdiction, in abatement of this action. White v. Whitman [Case No. 17,-561], and cases there cited; Lindsay v. Larned, 17 Mass. 197; Colt v. Partridge, 7 Metc. (Mass.) 570; Casey v. Harrison, 2 Dev. 244; Maule v. Murray, 7 Term R. 470; Bayley v. Edwards, 3 Swanst. 703; Foster v. Vassall, 3 Atk. 589; Dillon v. Alvares, 4 Ves. 357; Salmon v. Wootton, 9 Dana, 423. I am aware that this law has been doubted, and in a few' cases such a plea has been said to be sufficient. Ex parte Balch [Case No. 790]; Hart…
2Cases cited10 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Andrews v. MontgomeryNew York Supreme Court · 1821
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Taylor v. BrydenNew York Supreme Court · 1811
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3Cited by4 opinions
- Latham v. ChafeeU.S. Circuit Court for the District of Rhode Island · 1881
- McMullen v. RichieU.S. Circuit Court for the District of Northern Ohio · 1890
- Swift v. DavidCourt of Appeals for the Ninth Circuit · 1910
- Mellin v. HorlickU.S. Circuit Court for the District of Eastern Wisconsin · 1887