National Tube Works Co. v. Ballou
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit in equity, brought' in the Circuit Court of the United States for the Southern District of New York, on November 1,1888, by the National Tube Works Company, a Massachusetts corporation, against George William Ballou, a citizen of New York.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit in equity, brought' in the Circuit Court of the United States for the Southern District of New York, on November 1,1888, by the National Tube Works Company, a Massachusetts corporation, against George William Ballou, a citizen of New York. The bill set forth that the Wiley Construction Company was a corporation organized in February, 1880, under the joint stock laws of Connecticut, and located in' Hartford, in that State: The bill was filed on behalf of the plaintiff and such other…
1Opinion of the CourtJustice Blatchfokd
' In his opinion in the' case, Judge Wallace states that he sustains the demurrer on the authority of his decisions in Claflin v. McDermott, 20 Blatchford, 522, 12 Fed. Rep. 375; and Walser v. Seligman, 21 Blatchford, 130, 13 Fed. Rep. 415; that he feels free to say that he doubts whether those cases did not adopt too technical a view of the right of a creditor, whose judgment has been obtained against his debtor at the place of the latter’s domicil, and whose execution has been issued there and returned unsatisfied, to maintain a creditor’s bill in a court of another State; and that he ihay…
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