Benedict v. City of New York
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Elias C. Benedict against the City of New York. Decree for defendant, and complainant appeals. This causo comes here on appeal from the United States District Court for the Southern District of New York.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Elias C. Benedict against the City of New York. Decree for defendant, and complainant appeals. This causo comes here on appeal from the United States District Court for the Southern District of New York. The complainant is a citizen of the state of Connecticut, and brings his hill against the defendant, a municipal corporation organized under the laws of the state of New York, and having Its principal place for conducting its business in the Southern district of that state, being a…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The first matter to be considered is that which relates to the jurisdiction of the court. In the court below the defendant did not raise the question, and the District Judge made no reference to it in his opinion. But the defendant in his argument in this court has asserted a want of jurisdiction in the court. The claim rests upon that section of the Judicial Code (section 24) which provides that:
“No District Court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in…
2Cases cited13 opinions
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- O'Sullivan v. FelixSupreme Court of the United States · 1914
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Elk v. WilkinsSupreme Court of the United States · 1884
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beasley's Estate v. Rauch, Rec.Indiana Court of Appeals · 1937
- Jones v. CanonDistrict Court, W.D. Texas · 1933
- Nicolson v. Citizens & Southern Nat. BankDistrict Court, S.D. Georgia · 1943