Hammond v. Allen
U.S. Circuit Court for the District of Rhode Island
Bill in equity to set aside an agreement founded in a mutual mistake of important facts. The bill prayed, among other things, that a certain power of attorney, and a certain agreement between the complainant and defendant mentioned in the bill, might be decreed to be delivered up to the complainant to be cancelled.
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Bill in equity to set aside an agreement founded in a mutual mistake of important facts. The bill prayed, among other things, that a certain power of attorney, and a certain agreement between the complainant and defendant mentioned in the bill, might be decreed to be delivered up to the complainant to be cancelled. The material facts in the pleadings are as follows: ' The power of attorney referred to was an irrevocable power from [John] Hammond to [Crawford] Allen, to receive from the government of Portugal, or of the United States.' and of and from all and every person and persons…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been elaborately argued; but, after all. the merits lie in a very narrow compass. The brig Ann and cargo, owned by the plaintiff (who was also master,) was captured by a Portuguese frigate for a supposed violation of the law of nations in April, 1830; and was finally condemned at Lisbon in April, 1831. The plaintiff after the capture went to Lisbon seeking for a restitution of the brig and cargo, and made representations to the American chargé d’affaires there, and procured his interposition with the Portuguese government in his favor. The defendant,…
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