Legal Opinion

Allen v. Arguimbau

Supreme Court of the United States

Decided May 1, 1905No. 523PublishedCited by 17 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF FLORIDA. This was an action upon two promissory notes for twenty-five hundred dollars each, payable to Horace R. Kelly, endorsed to the Horace R. Kelly & Company, Limited, and by,that company endorsed to the firm of which Arguimbau was survivor.

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ERROR TO THE SUPREME COURT OF THE STATE OF FLORIDA. This was an action upon two promissory notes for twenty-five hundred dollars each, payable to Horace R. Kelly, endorsed to the Horace R. Kelly & Company, Limited, and by,that company endorsed to the firm of which Arguimbau was survivor. Many pleas were interposed in defense, and, among them, several filed March 24, 1900, and several filed February 2, 1903. By the first of these pleas, defeñdant below, plaintiff in error here, averred “that on or about the eighteenth day of March, A. D. 1893, Horace R. Kelly, claiming to be a manufacturer of…

1Opinion of the CourtChief Justice Fuller

The only ground on. which our jurisdiction can be maintained is that defendant specially set up or claimed some title, right, privilege or immunity under a statute of the United States, which was denied by the state court. The Supreme Court of Florida gave no opinion, and, therefore, we are left to. conjecture as to the grounds on which the pleas were held to be bad, but if the judgment rested on two grounds, one involving a Federal question and the other not, or if it does not appear on which of two grounds the judgment was based, and the ground independent of a Federal question is…

2Cases cited5 opinions

  1. Klinger v. MissouriSupreme Court of the United States · 1872
  2. Johnson v. RiskSupreme Court of the United States · 1890
  3. Dibble v. Bellingham Bay Land Co.Supreme Court of the United States · 1896
  4. Fullerton v. TexasSupreme Court of the United States · 1905
  5. Walworth v. KneelandSupreme Court of the United States · 1854

3Cited by17 opinions

  1. Williams v. KaiserSupreme Court of the United States · 1945
  2. Berea College v. KentuckySupreme Court of the United States · 1908
  3. Southern Pacific Co. v. SchuylerSupreme Court of the United States · 1913
  4. Lynch v. New York Ex Rel. PiersonSupreme Court of the United States · 1934
  5. Durley v. MayoSupreme Court of the United States · 1956

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