Mallory S. S. Co. v. Thalheim
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 the Mallory Steamship Company against Julius Thalheim and others, trustees doing business as the International Credit Trust:, and others. From an order denying an injunction pendente lite, petitioner appeals.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Mallory Steamship Company against Julius Thalheim and others, trustees doing business as the International Credit Trust:, and others. From an order denying an injunction pendente lite, petitioner appeals. Tlie petitioner is a corporation organized under the laws of the state of Maine, but has an office for the transaction of business in the city and Southern district of New York. It is a common carrier. None of the respondents are citizens of Maine and the controversy is one between citizens…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). There are .conclusive reasons why the application of the Mallory Steamship Company, the appellant herein, for injunctive relief and interpleader ,was-properly denied.
[1] In the first place, it is to be observed that the appellant was dilatory in making his application. The maxim is ancient, “Vigilantibus non dormienti-bus sequitas subvenit, and its meaning sufficiently obvious. The courts of equity have applied it in many cases, in which the right to equitable relief has been otherwise clear, simply because a party has slept upon his rights. As Rord Camden…
2Cases cited10 opinions
- Hipp v. BabinSupreme Court of the United States · 1857
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Killian v. EbbinghausSupreme Court of the United States · 1884
- National Life Insurance v. PingreyMassachusetts Supreme Judicial Court · 1886
- Conley v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- WILLIAM PENN LIFE INS. CO. OF NEW YORK v. ViscusoDistrict Court, S.D. New York · 2008
- Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
- Holcomb v. Aetna Life Insurance CompanyCourt of Appeals for the Tenth Circuit · 1956
- Farmers Irrigating Ditch & Reservoir Company, a Colorado Mutual Ditch Company v. Nick KaneCourt of Appeals for the Tenth Circuit · 1988
- Holcomb v. Aetna Life InsuranceCourt of Appeals for the Tenth Circuit · 1955
9 more not listed; retrieve them via the Exa API.