Legal Opinion

Tuttle v. Claflin

Court of Appeals for the Second Circuit

Decided June 24, 1898No. 119PublishedCited by 14 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. After the final decree had hocn entered in the cause of Tuttle, Trustee, against Claflin, for the payment of §43,557.27 to the complainant, and before April 16, 1897, the Union Trust Company of New Haven, Conn., and other creditors of the estate of the Kim City Company, brought a bill in equity in the circuit court for the Southern district of New York to restrain George H. Wooster,…

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Appeal from the Circuit Court of the United States for the Southern District of New York. After the final decree had hocn entered in the cause of Tuttle, Trustee, against Claflin, for the payment of §43,557.27 to the complainant, and before April 16, 1897, the Union Trust Company of New Haven, Conn., and other creditors of the estate of the Kim City Company, brought a bill in equity in the circuit court for the Southern district of New York to restrain George H. Wooster, who, under three contracts with Tuttle, trustee, was authorized to collect the judgment, and Mr. Milliken, his solicitor,…

1Opinion of the Court

SHIPMAN, Circuit Judge.

Two preliminary motions by the ap-pellees are to be disposed of prior to a consideration of the merits of the appeal. Since the entry of final judgment in the Claflin suit, there have been three independent proceedings at the foot of the decree: (1) The present proceedings at the suit of Lee & Lee. (2) A proceeding upon the petition of George H. Wooster for the repayment of his disbursements in the litigation. (3) A motion to substitute Charles H. Trowbridge, as trustee of the Elm City Company, in the place of Tuttle, as complainant in the Claflin suit. This motion was…

2Cases cited2 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885

3Cited by14 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Attorney Grievance Commission v. KorotkiCourt of Appeals of Maryland · 1990
  3. Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  4. State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
  5. Brooks v. Mandel-Witte Co.Court of Appeals for the Second Circuit · 1932

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