Anglo-American Provision Co. v. Davis Provision Co.
U.S. Circuit Court for the District of Southern New York
In Equity. On final hearing. The complainant recovered a judgment against the defendant, the Davis Provision Company, in the circuit court of Illinois on the Cth day of January, 1899, for the sum of $5,049. The defendant, the Davis Provision Company, recovered a judgment against the complainant on the 13th day of December, 1895, in the supreme court of New York, for the sum of $9,241, which judgment was subsequently modified and affirmed and final judgment was entered for…
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In Equity. On final hearing. The complainant recovered a judgment against the defendant, the Davis Provision Company, in the circuit court of Illinois on the Cth day of January, 1899, for the sum of $5,049. The defendant, the Davis Provision Company, recovered a judgment against the complainant on the 13th day of December, 1895, in the supreme court of New York, for the sum of $9,241, which judgment was subsequently modified and affirmed and final judgment was entered for $9,678 on the 16th day of July, 1900. The cause of action in the Illinois suit might have been counterclaimed in the New…
1Opinion of the Court
COXE, District Judge.
Since the decision on the demurrer the question of jurisdiction is no longer an open one in this’court. The *575first question now to be decided is whether the judgment recovered in the name of the Davis Provision Company belongs to that company or to the defendant Smith M. Weed. The following facts seem to be established: In December, 1892, the Davis Company gave the Anglo Company three notes, aggregating $23,546, in settlement of its account, which notes were transferred to Fowler Bros., Limited, an English corporation, having the same interests and being identical with the…
2Cases cited5 opinions
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Hackett v. ConnettNew York Court of Chancery · 1833
- Mackey v. MackeyNew York Supreme Court · 1864
- Barber v. SpencerNew York Court of Chancery · 1845
- United States Bung Manuf'g Co. v. ArmstrongUnited States Circuit Court · 1888