Legal Opinion

Wilkinson v. Culver

U.S. Circuit Court for the District of Southern New York

Decided December 7, 1885PublishedCited by 8 opinions

At Law. On demurrer.

1Opinion of the CourtCoxe, J.

The plaintiff declares upon a judgment recovered by him, as receiver of the American Trust Company of New Jersey, in the supreme court of that state upon certain promissory notes made by *640the defendant. The defendant demurs upon the ground that the plaintiff is the receiver of a New Jersey corporation, appointed by a ■court of chancery of that state, and, as such receiver, cannot maintain an action in this court.

The position of the defendant, in this respect, is sustained by the following authorities: Booth v. Clark, 17 How. 327; Peale v. Phipps, 14 How. 368; Holmes v. Sherwood, 16 Fed. Rep.…

2Cases cited4 opinions

  1. Peale v. PhippsSupreme Court of the United States · 1853
  2. Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
  3. Biddle v. WilkinsSupreme Court of the United States · 1828
  4. Eldred v. BankSupreme Court of the United States · 1873

3Cited by8 opinions

  1. Rust v. United Waterworks Co.Court of Appeals for the Eighth Circuit · 1895
  2. Oakes v. LakeSupreme Court of the United States · 1933
  3. Moore v. KraftCourt of Appeals for the Seventh Circuit · 1910
  4. Newberry v. RobinsonU.S. Circuit Court for the District of Southern New York · 1888
  5. De Mattos v. Camp & Hinton Co.Supreme Court of Louisiana · 1911

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