Scotten v. Rosenblum
District Court, S.D. New York
Bill by Samuel C. Scotten and another against Max Rosenblum and another. On motion to dismiss as against the named defendant. This is a motion to dismiss a bill in equity as against the defendant Rosenblum.
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Bill by Samuel C. Scotten and another against Max Rosenblum and another. On motion to dismiss as against the named defendant. This is a motion to dismiss a bill in equity as against the defendant Rosenblum. The bill is filed by the assignees of a corporation whose business consisted in placing the advertising of its customers, in paying the cost of advertising to the several publications, and of collecting the cost from the customer, with 10 per cent, addition, which constituted the commission of the corporation. The corporation employed the other defendant Samuels as its agent in New Tork…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1-3] The bill is presented in several aspects; as a bill of review, as a bill to reopen a judgment for fraud, as a bill for a discovery. As a bill of review, it cannot be for error appearing upon the record, since it does not appear from the bill that there was any error appearing upon the record of the action of the plaintiffs against Rosenblum. The decision does not contradict the judgment, and there is no reason to stippose that it was erroneous, except from the allegation that Rosenblum’s attorney “wrongly” entered the judgment, which is a mere…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Johannessen v. United StatesSupreme Court of the United States · 1912
- Vance v. BurbankSupreme Court of the United States · 1880
- Carpenter v. WinnSupreme Court of the United States · 1911
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
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3Cited by6 opinions
- Pressed Steel Car Co. v. Union Pac. R.District Court, S.D. New York · 1917
- Fidelity Storage Co. v. UriceCourt of Appeals for the D.C. Circuit · 1926
- Durant v. GossCourt of Appeals for the Sixth Circuit · 1926
- E. H. Rohde Leather Co. v. Duncan & Sons, Inc.District Court, W.D. Washington · 1926
- United States ex rel. Hatfield v. GuayDistrict Court, D. New Hampshire · 1935
1 more not listed; retrieve them via the Exa API.