Legal Opinion

De Rees v. Costaguta

Court of Appeals for the Second Circuit

Decided June 1, 1921No. 247PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Southern District of New York. Bill in equity by Henry S. De Rees against David Costaguta and others, individually and as copartners composing the copartnership of David Costaguta & Co. and others. From a decree dismissing the bill, plaintiff appeals.

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Appeal from the District Court of the United States for the Southern District of New York. Bill in equity by Henry S. De Rees against David Costaguta and others, individually and as copartners composing the copartnership of David Costaguta & Co. and others. From a decree dismissing the bill, plaintiff appeals. The, bill alleges that plaintiff was a member of a copartnership, the two partners being himself and the firm of David Costaguta & Co. (hereinafter called Costaguta). He is a resident of New Jersey; all the individual defendants except Taffell are nonresident aliens, z-esiding in Buenos…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The record submitted is most confused, and stuffed with matter irrelevant to any question before us, viz. affidavits by which one party or the other sought to induce the trial court to grant or refuse a receivership.

[ 1 ] Plaintiff brought an earlier suit to accomplish the same purpose here sought. That bill was dismissed for lack of jurisdiction, and appeal taken direct to the Supreme Court, which dismissed the appeal (De Rees v. Costaguta, 254 U. S. 166, 41 Sup. Ct. 69, 65 L. Ed. -). Thereupon the present bill was filed, and it is now urged that the…

2Cases cited5 opinions

  1. Meehan v. ValentineSupreme Court of the United States · 1892
  2. Hoyt v. SpragueSupreme Court of the United States · 1881
  3. Sun Insurance v. Kountz LineSupreme Court of the United States · 1887
  4. De Rees v. CostagutaSupreme Court of the United States · 1920
  5. In re KobreCourt of Appeals for the Second Circuit · 1915

3Cited by7 opinions

  1. P.S.L. Realty Co. v. Granite Investment Co.Appellate Court of Illinois · 1976
  2. Spellman v. SullivianDistrict Court, S.D. New York · 1930
  3. Williams v. WolffCourt of Appeals for the First Circuit · 1924
  4. Pacific Telephone & Telegraph Co. v. State Tax CommissionWashington Supreme Court · 1935
  5. McNulty v. HeineDistrict Court, D. Maryland · 1956

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