Chicago Title & Trust Co. v. Newman
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division óf the Northern District of Illinois. Bill by Albert A. Newman and others against the Newman Clock Company. Application by the Chicago Title & Trust Company as receiver of the corporation for the payment of receiver’s and attorney’s fees. From a decree denying such application, the receiver appeals.
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Appeal from the Circuit Court of the United States for the Eastern Division óf the Northern District of Illinois. Bill by Albert A. Newman and others against the Newman Clock Company. Application by the Chicago Title & Trust Company as receiver of the corporation for the payment of receiver’s and attorney’s fees. From a decree denying such application, the receiver appeals. The bill of complaint was filed in the superior court of Cook county, 111., October 16, 1909, by appellee Albert A. Newman, as complainant, and the .other appellees as defendants. It was brought for an injunction to…
1Opinion of the CourtSanborn, District Judge
(after stating the facts as above). [1] Strictly speaking, there never was any question of jurisdiction in the case. It was one of equity power. A court of equity will not. as a general rule, administer the internal affairs of a foreign corporation. As decided by the Supreme Court of Illinois in Babcock v. Farwell, 245 Ill. 14, 33, 91 N. E. 683, the question is not strictly one of jurisdiction, but rather of discretion in the exercise of jurisdiction. And the Supreme Court of the United States has often had occasion to make the same distinction. Blythe v. Hinckley, 173 U. S. 501, 19 Sup. Ct.…
2Cases cited5 opinions
- Babcock v. FarwellIllinois Supreme Court · 1910
- Blythe v. HinckleySupreme Court of the United States · 1899
- Louisville Trust Co. v. KnottSupreme Court of the United States · 1903
- Bache v. HuntSupreme Court of the United States · 1904
- Bither v. ColemanCourt of Appeals for the Seventh Circuit · 1907
3Cited by17 opinions
- Rogers v. Guaranty Trust Co.Supreme Court of the United States · 1933
- Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
- Backus v. FinkelsteinDistrict Court, D. Minnesota · 1927
- Cunliffe v. Consumers Ass'n of AmericaSupreme Court of Pennsylvania · 1924
- National Lock Co. v. HoglandCourt of Appeals for the Seventh Circuit · 1939
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