Wesson v. Galef
District Court, S.D. New York
1Opinion of the Court
LEARNED HAND, District Judge.
I shall first consider the motion to dismiss the bills, which rests upon the assumption that the “trust” is a partnership and that all the certificate holders are partners. If so, then, the argument proceeds, there is a nonjoinder of parties plaintiff which may be raised in limine, and which will compel an amendment. The plaintiffs retort that in fact all the certificate holders are citizens of Massachusetts and Connecticut, so that this court would still have jurisdiction. However, that would not dispose of the objection, though, if it be true, it would reduce…
2Cases cited15 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- Yale & Towne Mfg. Co. v. AlderCourt of Appeals for the Second Circuit · 1907
- Enterprise Mfg. Co. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1904
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- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
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