Legal Opinion

American Brake Shoe & Foundry Co. v. New York Rys. Co.

Court of Appeals for the Second Circuit

Decided March 1, 1926No. Nos. 220, 221PublishedCited by 8 opinions

1Opinion of the CourtHand, Circuit Judge

(after stating the facts as above). Had the lessors stood outside the suit, we do not see how the court would have had summary jurisdiction. It could not have rested upon contempt, because the lessors got possession of the checks under the agreements of December, 1922, which expressly gave them that right, and prescribed that, notwithstanding, the parties should stand as of April 20, 1921, the date when the comptroller acknowledged liability. It was no contempt to assert a claim of title against the funds in the comptroller’s hands, if one did nothing more. Again, we cannot see how the money…

2Cases cited19 opinions

  1. Cook County National Bank v. United StatesSupreme Court of the United States · 1883
  2. Libby v. HopkinsSupreme Court of the United States · 1881
  3. Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
  4. Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
  5. Morris v. . Windsor Trust Co.New York Court of Appeals · 1914

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3Cited by8 opinions

  1. In Re San Vicente Medical Partners Ltd., Debtor. Securities & Exchange Commission v. American Principals Holding, Inc., San Vicente Medical Partners, Ltd., Debtor-In-Possession-Cross-Claimant-Appellant v. Ashley S. Orr, Receiver of American Principals Corporation, a California Corporation, Receiver-Cross-Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1992
  2. United States v. Arizona Fuels Corporation and Eugene Dalton, President, Tenneco Oil CompanyCourt of Appeals for the Ninth Circuit · 1984
  3. Robertson v. Malone, Insurance CommissionerCourt of Appeals for the Fifth Circuit · 1951
  4. Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
  5. Securities And Exchange Commission v. Vision Communications, Inc.Court of Appeals for the D.C. Circuit · 1996

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