St. Luke's Hospital v. Barclay
U.S. Circuit Court for the District of Southern New York
This was a bill in equity, filed by St. Luke’s Hospital, a New York corporation. The defendants [Anthony Barclay and Robert Bunch] were aliens. The bill prayed for an injunction to restrain them from prosecuting a suit instituted by them in this court, against the New York Life Insurance and Trust Company, for the recovery of $10,000, held on deposit by that company in the names of the defendants.
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This was a bill in equity, filed by St. Luke’s Hospital, a New York corporation. The defendants [Anthony Barclay and Robert Bunch] were aliens. The bill prayed for an injunction to restrain them from prosecuting a suit instituted by them in this court, against the New York Life Insurance and Trust Company, for the recovery of $10,000, held on deposit by that company in the names of the defendants. The bill set forth, thafin October, 1845, the rector, church wardens, and vestrymen of the Anglo-American free church of St. George the Martyr, became incorporated under the laws of New York, as a…
1Opinion of the Court
BETTS, District Judge.
All the equities set up by the bill are denied by the answer, and until the proofs come in, the court will not inquire in which party the legal or equitable right to the fund in question is vested. In disposing of the motion to enjoin the suit at law prosecuted by the defendants, the court will limit its decision to the point, whether the action at law for the recovery of the fund in dispute shall be stayed, and, if so, upon what terms or conditions.
In opposition to the motion, it is insisted by the defendants, that the case is not within the cognizance of this court,…
2Cited by2 opinions
- Texas v. LewisUnited States Circuit Court · 1882
- Tracy v. HernandezThe Superior Court of New York City · 1880