H. B. Claflin & Co. v. Hamlin
New York Supreme Court
The plaintiffs have brought suit in the supreme court against John W. Hamlin and F. FT. Hamlin to restrain the defendants from harassing them by alleged groundless litigations in other states, and to compel the Hamlins to submit all matters in controversy to the court in the present action. F. FT. Hamlin and Robert W. Hale (now dead) were, in 1871, copartners in business in Chicago and were burned out by the great fire of that year.
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The plaintiffs have brought suit in the supreme court against John W. Hamlin and F. FT. Hamlin to restrain the defendants from harassing them by alleged groundless litigations in other states, and to compel the Hamlins to submit all matters in controversy to the court in the present action. F. FT. Hamlin and Robert W. Hale (now dead) were, in 1871, copartners in business in Chicago and were burned out by the great fire of that year. Their indebtedness amounted to over $1,000,000, and H. B. Claflin & Co. were their largest creditors. A compromise was effected for fifty cents on the dollar. F.…
1Opinion of the CourtLawrence, J.
— It was held by this court in the case of Vail agt. Knapp (49 Barb. S. C. R., 299) that while, as a general rule, the courts of this State will decline to interfere by injunction to restrain its citizens from proceeding in an action which has been commenced in the courts -of a sister state, there are exceptions to the rule; and that where a case is presented fairly constituting such exception, extreme delicacy should not deter the court from controlling the conduct of a party within its jurisdiction to prevent oppression or. fraud, and that no rule of comity or policy forbids it.
*286Judge…
2Cases cited4 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Engel v. ScheuermanSupreme Court of Georgia · 1869
- Kittle v. KittleNew York Court of Common Pleas · 1878
3Cited by13 opinions
- Greenberg v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1926
- Paramount Pictures, Inc. v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1939
- Cunha v. Anglo California National BankCalifornia Court of Appeal · 1939
- Stewart v. ButlerNew York Supreme Court · 1899
- Allentown Foundry & Machine Works v. LoretzAppellate Division of the Supreme Court of the State of New York · 1897
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