Legal Opinion

Poor v. Carleton

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1837PublishedCited by 8 opinions

Bill in equity. This was brought by David Poor, against Richard Carleton and others. It asserted a joint interest in Poor and one Isaac Carleton, of whom the defendants in the present case are the legal representatives, in a certain ship called the Boston; that the ship was built and sailed on joint account; and that it was afterwards seized and detained in Naples, and subsequently sold.

Read the full summary

Bill in equity. This was brought by David Poor, against Richard Carleton and others. It asserted a joint interest in Poor and one Isaac Carleton, of whom the defendants in the present case are the legal representatives, in a certain ship called the Boston; that the ship was built and sailed on joint account; and that it was afterwards seized and detained in Naples, and subsequently sold. “That since the decease of said Carleton, under and by virtue of a treaty duly concluded between the government of the United States and the king of Naples, certain indemnification was and is provided to be…

1Opinion of the Court

STORY, Circuit Justice.

The motion to dissolve the injunction granted, in this case, has been made and argued by the counsel for the defendants upon the general ground, that by the rules of courts of equity, after the answers have come in, denying the whole equity of the bill, the defendants are entitled to have the injunction dissolved. On the other hand, the plaintiff insists, that the motion ought not to be granted, upon the ground of irreparable mischief; and in support of the argument he has offered and read certain depositions to establish, that one of the principal defendants is…

2Cases cited5 opinions

  1. Ward v. Van BokkelenNew York Court of Chancery · 1828
  2. Roberts v. AndersonNew York Court of Chancery · 1816
  3. Fulton Bank v. New York & Sharon Canal Co.New York Court of Chancery · 1829
  4. Rodgers v. RodgersNew York Court of Chancery · 1829
  5. Eastburn v. KirkNew York Court of Chancery · 1815

3Cited by8 opinions

  1. Sullivan v. MorenoSupreme Court of Florida · 1882
  2. Bailey v. SchnitziusSupreme Court of New Jersey · 1888
  3. Pineo v. HeffelfingerSupreme Court of Minnesota · 1882
  4. Pere Marquette R. v. BradfordU.S. Circuit Court for the District of Western Michigan · 1906
  5. Silas Farmer v. Calvert Lithographing, Engraving & Map Publishing Co.U.S. Circuit Court for the District of Eastern Michigan · 1872

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API