Legal Opinion

Garner v. Second Nat. Bank of Providence

Supreme Court of the United States

Decided January 22, 1894No. 43PublishedCited by 30 opinions

APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OP RHODE ISLAND. This appeal brings up for review a final decree dismissing a bill filed to obtain an injunction against the appellees, the Second National Bank, a national banking association haying its place of business in Providence, Khode Island, Christopher A. Shippee, and Samuel W. 3L Allen, from selling and. con- ' veying by deed or otherwise certain real property situated in that State, and from all…

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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OP RHODE ISLAND. This appeal brings up for review a final decree dismissing a bill filed to obtain an injunction against the appellees, the Second National Bank, a national banking association haying its place of business in Providence, Khode Island, Christopher A. Shippee, and Samuel W. 3L Allen, from selling and. con- ' veying by deed or otherwise certain real property situated in that State, and from all attempts by actions at law or otherwise to oust Mary J. Garner, formerly Mary J. Graeffe, one of the appellants, from…

1Opinion of the CourtJustice Harlan

In the court below it was contended in behalf of the plaintiffs that even if there ivere no agreement that the property in question should be taken in the name of the wife, there was nothing illegal or inequitable in preferring her to the amount of the husband’s debt to her. Upon this point the court said : “The question of the legality of a preference under Rhode Island laws does not arise in this case; for our decision rests upon the principle that Mrs. Graeffe, by her own conduct or acts, by what she permitted to be done, or neglected to do, is estopped in a court of equity from claiming…

2Cases cited6 opinions

  1. Sexton v. WheatonSupreme Court of the United States · 1823
  2. Humes v. ScruggsSupreme Court of the United States · 1877
  3. Hollingsworth Magniac v. ThompsonSupreme Court of the United States · 1833
  4. Jewell v. KnightSupreme Court of the United States · 1887
  5. Stickney v. StickneySupreme Court of the United States · 1889

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3Cited by30 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Briggs v. SanfordMassachusetts Supreme Judicial Court · 1914
  3. Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
  4. State ex rel. Wickham v. NygaardWisconsin Supreme Court · 1915
  5. Bolton-Swanby Co. v. OwensSupreme Court of Minnesota · 1937

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