Kahn v. Garvan
District Court, S.D. New York
In Equity. Suit by Arthur A. Kahn, individually and as trustee under a deed of trust executed by Hirsch Kahn — September 23, 1908, against Francis F. Garvan, as Alien Property Custodian, and others. On motion by the Alien Property Custodian to dismiss the bill for want of equity.
1Opinion of the Court
LEARNED HAND, District Judge (after stating the facts as above).
The bill has two aspects: (1) As a trustee’s bill, asking an accounting; (2) as a bill in the nature of a bill of interpleader. If it had enough equity under the first aspect, the motion to dismiss the whole bill must be denied, regardless of the second. Eor the moment, therefore, I may assume, without deciding, that it will not lie as a bill for interpleader, because the daughters have no standing in the court at all, and the property had been lawfully captured.
[1] Upon these assumptions, it is necessary briefly to consider the…
2Cases cited16 opinions
- Runkle v. United StatesSupreme Court of the United States · 1887
- Miller v. United StatesSupreme Court of the United States · 1871
- The Venus, Rae, MasterSupreme Court of the United States · 1814
- McVeigh v. United StatesSupreme Court of the United States · 1871
- The VeniceSupreme Court of the United States · 1865
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3Cited by37 opinions
- Josephberg v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Bierman v. MarcusCourt of Appeals for the Third Circuit · 1957
- Hermann F. And Madeleine Dupont Ruoff v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1960
- McGrath v. Manufacturers Trust Co.Supreme Court of the United States · 1949
- Miller v. RouseDistrict Court, S.D. New York · 1921
32 more not listed; retrieve them via the Exa API.