Legal Opinion

Babbitt v. Read

District Court, S.D. New York

Decided November 3, 1909PublishedCited by 7 opinions

1Opinion of the Court

WARD, Circuit Judge.

The defendants object that the bill is defective, because the Central Trust Company, a corporation of the state of New York, has not been made a party, and the cause is set down on that objection only under equity rule 52.

The complainant, a citizen of Missouri, is the trustee in bankruptcy of the Randolph-Macon Coal Company, a corporation of the same-state, where it has been duly adjudicated a bankrupt. The bill charges that a mortgage on the company’s property to secure an issue of $3,~ 000,000 of bonds, of which $2,150,000 are outstanding, has been foreclosed, resulting…

2Cases cited4 opinions

  1. Scovill v. ThayerSupreme Court of the United States · 1882
  2. Sawyer v. HoagSupreme Court of the United States · 1873
  3. In re Remington Automobile & Motor Co.Court of Appeals for the Second Circuit · 1907
  4. In re Munger Vehicle Tire Co.Court of Appeals for the Second Circuit · 1908

3Cited by7 opinions

  1. Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
  2. In re Newfoundland SyndicateDistrict Court, D. New Jersey · 1912
  3. Babbitt v. ReadDistrict Court, S.D. New York · 1914
  4. Burningham v. BurkeUtah Supreme Court · 1926
  5. Barnitt v. MaxwellCourt of Appeals for the Third Circuit · 1918

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