Luhrig Collieries Co. v. Interstate Coal & Dock Co.
District Court, S.D. New York
In Equity. Suit by the Luhrig Collieries Company and others against the Interstate Coal & Dock Company. On motions to dismiss ancillary bill by Elias McLellan Poston and John B. Johnston, receivers of the Interstate Coal & Dock Company, against Frankel Bros, and others. This ease comes up on motions to dismiss in whole or part a bill of complaint in equity for various reasons and in various respects, as appears below.
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In Equity. Suit by the Luhrig Collieries Company and others against the Interstate Coal & Dock Company. On motions to dismiss ancillary bill by Elias McLellan Poston and John B. Johnston, receivers of the Interstate Coal & Dock Company, against Frankel Bros, and others. This ease comes up on motions to dismiss in whole or part a bill of complaint in equity for various reasons and in various respects, as appears below. The bill was filed by the receivers of the Interstate Coal & Dock Company, who were appointed by this court on September 21, 1921. It is ancillary to a creditors’ bill of the…
1Opinion of the Court
LEARNED HAND, District. Judge
(after stating the facts as above). [1, 2] I shall begin with the point of jurisdiction, which may for convenience be divided into three parts: First, whether this court had jurisdiction of. the original bill; second, whether this is a proper ancillary bill, within the jurisdiction of the court; and, third, whether the receivers appointed herein may sue upon such a claim.
The original bill is in a form exceedingly familiar in this district. It seeks the sequestration of the assets of a foreign corporation in the interest of their preservation. The defendant’s chief…
2Cases cited30 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Blackstone v. MillerSupreme Court of the United States · 1903
- Meehan v. ValentineSupreme Court of the United States · 1892
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
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3Cited by7 opinions
- National Ben. Life Ins. Co. v. Shaw-Walker Co.Court of Appeals for the D.C. Circuit · 1940
- In re Consolidated Distributors, Inc.Court of Appeals for the Second Circuit · 1924
- Excelsior Motor Mfg. & Supply Co. v. Sound Equipment, Inc.Court of Appeals for the Seventh Circuit · 1934
- May Hosiery Mills, Inc. v. United States District CourtCourt of Appeals for the Ninth Circuit · 1933
- Lurie v. Arizona Fertilizer & Chemical Co.Arizona Supreme Court · 1966
2 more not listed; retrieve them via the Exa API.