Old Dominion S. S. Co. v. City of New York

HOUGH, Circuit Judge.

It is not thought necessary to analyze the affidavits submitted. The documentary facts are not in dispute, and neither are most of the other facts in the sense of things seen or said; but the affiants have attached an intent or purpose to what their opponents said or suffered to be done, and no one can ever arrive at a reasonably satisfactory solution of this question of intent or purpose until witnesses have been cross-examined. It may be summarily stated that I rega'rd this case as eminently suitable for equity,' in that the plaintiff has nothing that can be called a…