Carey v. Roosevelt
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In 1886 .Tohn Glenn, a citizen of Virginia, as trustee for the benefit of the creditors of the National Express & Transportation Company, a Virginia corporation, brought an action at law against Amos Dotting, a citizen of the city a.nd state of New York, before the circuit court for the Southern district of New York, to recover the amount of two calls made upon Cotting for the payment…
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Appeal from the Circuit Court of the United States for the Southern District of New York. In 1886 .Tohn Glenn, a citizen of Virginia, as trustee for the benefit of the creditors of the National Express & Transportation Company, a Virginia corporation, brought an action at law against Amos Dotting, a citizen of the city a.nd state of New York, before the circuit court for the Southern district of New York, to recover the amount of two calls made upon Cotting for the payment of his subscription to the stock of said company, in which suit Cot-ting appeared. Bills in equity were brought in the…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts as above). Upon the argument of this case, it appeared that sundry questions of law had. been eliminated during the progress of the suit. The original bill contained no averment that the trustees of Cotting’s estate had defended the action at law against the administrators, or paid the expenses- of that suit, or taken part therein as trustees, either with or without the knowledge of the beneficiaries or of the plaintiff in the action; and the bill rested upon the judgment against the administrators, the nonexistence of assets in their hands, the delivery of the estate…
2Cases cited7 opinions
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Collins v. . HydornNew York Court of Appeals · 1892
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Masten v. . OlcottNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Cragin & Co. v. International S. S. Co.Court of Appeals for the Second Circuit · 1926
- Vanderbilt v. EidmanU.S. Circuit Court for the District of Southern New York · 1903
- Wagner Electric Corp. v. Hydraulic Brake Co.District Court, S.D. California · 1935