McCabe v. Guaranty Trust Co. of New York
Court of Appeals for the Second Circuit
Appeal from the ‘District Court of the United States for the Southern District of New York. Suit by W. Gordon McCabe, Jr., and another, against tire Guaranty Trust Company of New York, as substituted trustee of Stephen H. P. Pell and others, individually, and as partners doing business as S. H. P. Pell & Co. From a decree dismissing the bill without prejudice, plaintiffs appeal.
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Appeal from the ‘District Court of the United States for the Southern District of New York. Suit by W. Gordon McCabe, Jr., and another, against tire Guaranty Trust Company of New York, as substituted trustee of Stephen H. P. Pell and others, individually, and as partners doing business as S. H. P. Pell & Co. From a decree dismissing the bill without prejudice, plaintiffs appeal. The plaintiffs are citizens of the state of- South Carolina, where they are engaged as partners in the cotton business. The plaintiff McCabe is the owner of a seat in the New York Cotton Exchange, which is a…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). 'This suit is ancillary in its nature, and is brought by two citizens of the state of South Carolina against a New York corporation residing in the Southern District of New York, and an injunction is asked to restrain the defendant from proceeding in an action which was commenced by it in the Supreme Court of New York county, and which is alleged to have been removed by the plaintiffs herein, being the defendants in the action removed. The District Judge has refused to remand the original action, and holds it to have been properly removed; and he has…
2Cases cited13 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Ex Parte WisnerSupreme Court of the United States · 1906
- Root v. WoolworthSupreme Court of the United States · 1893
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- Polyplastics, Inc. v. Transconex, Inc.Court of Appeals for the First Circuit · 1983
- Morrell v. United Air Lines Transport CorporationDistrict Court, S.D. New York · 1939
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1933
- Cray, McFawn & Co. v. Hegarty, Conroy & Co.Court of Appeals for the Second Circuit · 1936
- Chicago, R.I. & P.R. Co. v. Stude Stude v. Chicago, R.I. & P.R. Co. Stude v. Chicago, R.I. & P.R. CoCourt of Appeals for the Eighth Circuit · 1953
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