John McLean

“ It is objected that equity can exercise no jurisdiction in the case, as adequate relief may be obtained at law.
There may be a legal remedy, and yet if a more complete remedy can be had in chancery, it is a sufficient ground for jurisdiction. The 8th section of the act to carry out the Mexican treaty, authorizes a bill to be filed, where an individual other than the one to whom the money was awarded claims it, to contest the right, and to enjoin the payment of the money. ”

“ The complainant, Richard S.C.oxe, filed his bill stating that about the year eighteen hundred and forty-two or three, a certain Samuel Baldwin, a citizen of the United States, residing in Mexico, had a claim against the Mexican Republic for personal outrages and losses of property through the officers of that government. Many similar claims were brought to the notice of the Government of the United States, to enlist its efforts for an indemnity from the Mexican Republic ”

“ It is contended by the defendant, that the complainant having been dismissed by the agent of the widow, who was the executrix of her husband, and not being employed by the defendant, he has no right to the compensation claimed. That John Baldwin acted as the agent of his brother, in making the contract with the complainant is proved. The defendant seems to suppose that, as on the death of Samuel Baldwin, the agency of his brother ceased, the contract which had been made by him was no longer in force. ”