Imperial Film Exch. v. General Film Co.
District Court, S.D. New York
At Raw. Action by the Imperial Film'Exchange against the General Film Company and others to recover treble damages under Sherman Anti-Trust Raw, § 7. On motion by one appointed trustee of the property of plaintiff corporation to be substituted as party plaintiff. Plaintiff is a New York corporation, which, pursuant to the General Corporation Law of that state (Consol. Laws, a 23), applied for voluntary dissolution.
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At Raw. Action by the Imperial Film'Exchange against the General Film Company and others to recover treble damages under Sherman Anti-Trust Raw, § 7. On motion by one appointed trustee of the property of plaintiff corporation to be substituted as party plaintiff. Plaintiff is a New York corporation, which, pursuant to the General Corporation Law of that state (Consol. Laws, a 23), applied for voluntary dissolution. The application was granted, and on May 20, 1913 (after the institution of this suit), an order was entered in the Supreme Court reciting that the plaintiff herein was insolvent,…
1Opinion of the Court
HOUGH, District Judge.
The exact point of law raised by this motion has never been decided, nor, indeed, so far as my own investigations and those of counsel reveal, has it ever been mooted before. The very able and interesting briefs of counsel I have considered a long time, and yet after such lengthy reflection it appears to me that the matter must be decided by one’s views of some elementary and fundamental propositions. To put the matter in another way, decision must be here arrived at, not by a nice consideration of closely joining decisions, but by the view entertained of the application…
2Cases cited15 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Comegys v. VasseSupreme Court of the United States · 1828
- Pendleton v. RussellSupreme Court of the United States · 1892
- Selden v. Illinois Trust & Savings BankIllinois Supreme Court · 1909
- Meech v. . StonerNew York Court of Appeals · 1859
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3Cited by27 opinions
- Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Moore v. BackusCourt of Appeals for the Seventh Circuit · 1935
- Durkee v. CommissionerUnited States Tax Court · 1946
- Momand v. Twentieth-Century Fox Film CorporationDistrict Court, W.D. Oklahoma · 1941
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