Guaranty Trust Co. v. McCabe
Court of Appeals for the Second Circuit
In Error to the District Court of the United Slates for the Southern District of New York. Action by the Guaranty Trust Company of New York, as substituted trustee of S. H. P. Pell & Co., a partnership, against W. Gordon McCabe, Jr., and another, which was begun in the state court and removed to the federal court. There was a judgment for defendants, and plaintiff brings error. Writ of error to review a judgment in favor of defendants entered on a directed verdict.
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In Error to the District Court of the United Slates for the Southern District of New York. Action by the Guaranty Trust Company of New York, as substituted trustee of S. H. P. Pell & Co., a partnership, against W. Gordon McCabe, Jr., and another, which was begun in the state court and removed to the federal court. There was a judgment for defendants, and plaintiff brings error. Writ of error to review a judgment in favor of defendants entered on a directed verdict. Plaintiff in error was plaintiff below and defendants in error defendants below.
1Opinion of the Court
MAYER, District Judge.
At the threshold of this case is the question of jurisdiction. It is necessary to state only such facts as are germane to this question.
On June 14, 1916, plaintiff, as substituted trustee of S. H. P. Pell & Co., a partnership (hereinafter called Pell & Co.), commencel an action in the New York Supreme Court, New York county, to recover $133,328.34 with interest, as assignee of three claims: (1) A balance due on account between defendants and Pell & Co. (first and second causes of action); (2) a balance due on account between defendants and W. R. Craig & Co., which was…
2Cases cited14 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Ex Parte HardingSupreme Court of the United States · 1911
- Smith v. LyonSupreme Court of the United States · 1890
- Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
- George K. Brough v. United Steelworkers of America, Afl-Cio, and Third Party v. Carpenter & Paterson, Inc., Third PartyCourt of Appeals for the First Circuit · 1971
- Charles Gonsalves v. Amoco Shipping CompanyCourt of Appeals for the Second Circuit · 1984
- In Re ZimmermannCourt of Appeals for the Second Circuit · 1933
- In Re Keep Electric & Manufacturing Co.District Court, D. Minnesota · 1951
12 more not listed; retrieve them via the Exa API.