Guaranty Trust Co. of New York v. International Steam Pump Co.
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 Guaranty Trust Company of New York, as trustee,, against the International Steam Bump Company, in which William I. Lewis, as receiver of the International Steam Pump Company, intervened.- From an order fixing and allowing the complainant's disbursements, the intervener appeals. Plaintiff brought suit to foreclose a mortgage made by the International1 Steam Pump Company.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the Guaranty Trust Company of New York, as trustee,, against the International Steam Bump Company, in which William I. Lewis, as receiver of the International Steam Pump Company, intervened.- From an order fixing and allowing the complainant's disbursements, the intervener appeals. Plaintiff brought suit to foreclose a mortgage made by the International1 Steam Pump Company. Cotemporaneously a creditor’s suit to conserve and distribute assets was instituted against said corporation defendant. The…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). We do-not find it necessary, nor even possible, now to consider the alleged *921lack of power in the trial court to award costs and disbursements or either, contingent upon the fate of an appeal on the merits. The case being in equity and costs within discretion, that discretion was exercised in a manner plainly expressed in the decree of foreclosure from which this intervener appealed. If discretion was abused, if the action of the court was erroneous for any reason, it was just as wrong and as plainly wrong the moment foreclosure decree was entered as it is…
2Cases cited4 opinions
- Straus v. American Publishers' Ass'nCourt of Appeals for the Second Circuit · 1912
- Old Dominion Copper Mining & Smelting Co. v. LewisohnCourt of Appeals for the Second Circuit · 1913
- Landon v. BulkleyCourt of Appeals for the Second Circuit · 1899
- Burns v. CooperCourt of Appeals for the Eighth Circuit · 1907