Thorburn v. Gates
District Court, S.D. New York
At Law. Action by Robert H. Thorburn against Dellora R. Gates, as executrix of John W. Gates and as executrix of Charles G. Gates, John F. Harris, John Lambert, and John Dupee. On motion to set aside the service of summons. This is a motion to s.et aside the service of a summons in an action at law, brought under section 7 of the Sherman Act (Act July 2, 1899, c. 647, 26 Stat. 210 [U. S. Comp.
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At Law. Action by Robert H. Thorburn against Dellora R. Gates, as executrix of John W. Gates and as executrix of Charles G. Gates, John F. Harris, John Lambert, and John Dupee. On motion to set aside the service of summons. This is a motion to s.et aside the service of a summons in an action at law, brought under section 7 of the Sherman Act (Act July 2, 1899, c. 647, 26 Stat. 210 [U. S. Comp. St. 1913, § 8829]). The facts are substantially the same as in a motion between the same parties reported in'225 Fed. 613 ; the only material addition being that the testators are alleged to have owned…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] In the former case I suggested, but only to reject it, as a possible interpretation of section 1836a of the Code, that it might hávfe been intended only as a way of applying local assets to the claim of a local creditor, and therefore not as an effort to affect property situated in another jurisdiction. The plaintiff, in response to that suggestion, now says that under the law of New York he can collect his claim in practically no other way than by an action under this section; if he is right, and there be noi other procedure applicable to his needs, no…
2Cases cited8 opinions
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
- Russell v. . HarttNew York Court of Appeals · 1881
- Bostwick v. CarrAppellate Division of the Supreme Court of the State of New York · 1914
- Clark v. PoorNew York Supreme Court · 1893
- Dewey v. BarnhouseSupreme Court of Kansas · 1907
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