Legal Opinion
Fistel v. Beaver Trust Co.
District Court, S.D. New York
Decided December 1, 1950PublishedCited by 10 opinions
1Opinion of the Court
RYAN, Judge.
Defendants move pursuant to Rule 12(b) (2) and (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint for lack of jurisdiction over the person of the defendants and for failure to state a claim.
Defendant executors contend that they cannot be sued in the District Court of New York, as executors, because they do not exist here in that status and are immune from suit. Plaintiff urges that they were duly served with process and that this court has jurisdiction over the person of defendants as executors by virtue of Section 27 of the Securities Exchange Act,…
2Cases cited11 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Moore v. MitchellSupreme Court of the United States · 1930
- McMaster v. GouldNew York Court of Appeals · 1925
- Baldwin v. PowellNew York Court of Appeals · 1945
- Wiener v. Specific Pharmaceuticals, Inc.New York Court of Appeals · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Goldlawr, Inc. v. Marcus Heiman, Select Operating Corporation and United Booking Office, Inc., and Milton Shubert, William Klein and Sylvia W. GoldeCourt of Appeals for the Second Circuit · 1961
- Sheldon v. Amperex Electronic Corp.District Court, E.D. New York · 1971
- Petroleum Financial Corp. v. StoneDistrict Court, S.D. New York · 1953
- GOLDLAWR, INCORPORATED v. ShubertDistrict Court, S.D. New York · 1959
- Hargrove v. Louisville & Nashville Railroad CompanyDistrict Court, W.D. Kentucky · 1957
5 more not listed; retrieve them via the Exa API.