Sherman Nat. Bank of New York v. Shubert Theatrical Co.
District Court, S.D. New York
In Equity. Suit by the Sherman National Bank of New York against the Shubert Theatrical Company (a New Jersey corporation), Lee Shu-bert, Jacob J. Shubert, the Shubert Theatrical Company (a New York corporation), Irving M. Dittenhoefer, trustee in bankruptcy of Theodore A. Eiebler and George C. Tyler, copartners as Eiebler & Co., and the Welden National Bank of St. Albans.
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In Equity. Suit by the Sherman National Bank of New York against the Shubert Theatrical Company (a New Jersey corporation), Lee Shu-bert, Jacob J. Shubert, the Shubert Theatrical Company (a New York corporation), Irving M. Dittenhoefer, trustee in bankruptcy of Theodore A. Eiebler and George C. Tyler, copartners as Eiebler & Co., and the Welden National Bank of St. Albans. On motion by complainant for injunction and to strike out the defenses pleaded by the Shubert Theatrical Company of New Jersey. The bill is in the nature of a bill of. interpleader, for which the plaintiff claims no…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Dittenhoefer, who has procured an injunction against the.payment of the deposit, is a citizen of New York, and so is the plaintiff. Disregarding for the time being any questions of the equity of the bill, this situation, therefore, raises the question of the constitutional jurisdiction of this court. That the bill is, from the standpoint of equity, zn original bill, must of course be admitted, but that does, not determine its jurisdictional status, which may none the less be ancillary. Minnesota Co. v. St. Paul Co., 2 Wall. 609, 633, 17 L. Ed. 886. It…
2Cases cited22 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- Blackstone v. MillerSupreme Court of the United States · 1903
- Riggs v. Johnson CountySupreme Court of the United States · 1868
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3Cited by12 opinions
- TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
- Pan American Fire & Casualty Company v. RevereDistrict Court, E.D. Louisiana · 1960
- Atkinson v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 1957
- The Walmac Company, Inc. v. Irving A. IsaacsCourt of Appeals for the First Circuit · 1955
- Waggoner v. JohnstonSupreme Court of Oklahoma · 1965
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