Raphael v. Trask
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR ■ THE SOUTHERN DISTRICT OF NEW YORK. This suit was begun by filing a bill in the Circuit Court of the United States for the .Southern District of New York, seeking an injunction restraining the defendants, Spencer Trask & Company, from selling certain shares 'of capital stock of the Rio Grande and Western Railway Company to the Denver and Rio Grande Railway Company, unless a sufficient sum of mdney was deposited to…
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR ■ THE SOUTHERN DISTRICT OF NEW YORK. This suit was begun by filing a bill in the Circuit Court of the United States for the .Southern District of New York, seeking an injunction restraining the defendants, Spencer Trask & Company, from selling certain shares 'of capital stock of the Rio Grande and Western Railway Company to the Denver and Rio Grande Railway Company, unless a sufficient sum of mdney was deposited to indemnify the complainant upon the demand hereinafter set forth. It appears from the allegations of the bill that Nathaniel…
1Opinion of the CourtJustice Day
The Circuit Court sustained the plea,of the defendants upon two grounds; 1, that the suit could not be maintained for want of the required diversity of citizenship; and, 2, that'it could' not be maintained as an ancillary or dependent proceeding for want of proper averments to bring the case within that branch of equity jurisdiction.
As the offer to amend and file a supplemental bill was not entertained in the court below, and as the exercise of this discretion is not reviewable here, except in special cases, we are only.concerned with the correctness of the conclusion of the' Circuit Court in…
2Cases cited3 opinions
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Root v. WoolworthSupreme Court of the United States · 1893
- Farley v. KittsonSupreme Court of the United States · 1887
3Cited by20 opinions
- Mitchell v. MaurerSupreme Court of the United States · 1934
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Kendrick v. KendrickCourt of Appeals for the Fifth Circuit · 1926
- Hartley Pen Co. v. Lindy Pen Co.District Court, S.D. California · 1954
- United States of America and Mortimer Todel, as Receiver of the Funds, Assets and Property of Roosevelt Capital Corporation v. Franklin National BankCourt of Appeals for the Second Circuit · 1975
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