Legal Opinion

Hough v. Société Electrique Westinghouse de Russie

District Court, S.D. New York

Decided April 26, 1916PublishedCited by 10 opinions

At Daw. Action by David D. Hough against the Société Electrique Westinghouse de Russie and Robert D. McCarter, as liquidator of said Société Electrique Westinghouse de Russie. On motion to remand to state court, and on motion to dismiss as to the corporation. Motion to remand granted as to the liquidator, and denied as to the corporation.

1Opinion of the Court

LEARNED HAND, District Judge.

When this case was originally argued, the question was whether the plaintiff could have any cause of action against the liquidator. The defendants said that the liquidator was so clearly not liable that no one could have sued him, except *636in a fraudulent effort to prevent removal to this court. The point was not presented, or at least not argued, that, granting the plaintiff had a possible cause of action against the liquidator, he must have known that he could not, under the New York Code, § 484, join him in the same action with the cause of action against the…

2Cases cited9 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  3. Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
  4. Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
  5. Pirie v. TvedtSupreme Court of the United States · 1885

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3Cited by10 opinions

  1. Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
  2. Lucania Societa Italiana Di Navigazione v. United States Shipping Board Emergency Fleet Corp.District Court, S.D. New York · 1923
  3. Lever Bros. v. J. Eavenson & Sons, Inc.District Court, S.D. New York · 1934
  4. Roberts v. Underwood Typewriter Co.District Court, D. New Jersey · 1919
  5. Curacao Trading Co. v. Federal Ins.District Court, S.D. New York · 1941

5 more not listed; retrieve them via the Exa API.

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