Greenhall v. Carnegie Trust Co.
District Court, S.D. New York
Bill by Charles L. Greenhall, as trustee in bankruptcy of Joseph Fleischman, against the Carnegie Trust Company and others. This is a final hearing of a bill in equity brought by a. trustee in bankruptcy to rescind a contract which has been performed and which was executed on March 27, 1909, between the National Center Realty Company, a New York corporation, and one Moorehead, acting in the interest of the Carnegie Trust Company.
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Bill by Charles L. Greenhall, as trustee in bankruptcy of Joseph Fleischman, against the Carnegie Trust Company and others. This is a final hearing of a bill in equity brought by a. trustee in bankruptcy to rescind a contract which has been performed and which was executed on March 27, 1909, between the National Center Realty Company, a New York corporation, and one Moorehead, acting in the interest of the Carnegie Trust Company. The National Center Realty Company was the owner in fee of a hotel in the borough of Manhattan, Le Marquis, situated between Fifth and Sixth avenues. This property…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). At the outset I must clear up the confusion which appears to have arisen from the fact that the complainant has called witnesses by whose testimony he does not wish to be necessarily bound. It cannot be too often repeated that to call a witness is not in any sense to vouch for the truth of what he says. It does, at least at law, prevent one from impeaching his general credibility in the formal ways recognized, but .that is all. I shall not hesitate, and the master must not, to accept so much, and only so much, of any of the testimony as commends itself as…
2Cases cited6 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Lawrence v. . FoxNew York Court of Appeals · 1859
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Stewart v. United StatesSupreme Court of the United States · 1855
- Hardin v. BoydSupreme Court of the United States · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Civil v. Waterman Steamship Corp.Court of Appeals for the Second Circuit · 1954
- Glick v. First Nat. Bank of Columbus, Ind.Court of Appeals for the Seventh Circuit · 1931
- In re CalviDistrict Court, N.D. New York · 1911
- Elise Civil v. Waterman Steamship CorporationCourt of Appeals for the Second Circuit · 1954