Svenska Taendsticks Fabrik Aktiebolaget v. Bankers Trust Co.
New York Court of Appeals
The amended bills in the nature of bills of interpleader fail to state a cause of action and are insufficient as a matter of law, since it appears that a prerequisite of such bills, viz., “ an independent ground for equitable relief,” is not present.
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The amended bills in the nature of bills of interpleader fail to state a cause of action and are insufficient as a matter of law, since it appears that a prerequisite of such bills, viz., “ an independent ground for equitable relief,” is not present. (Dorn v. Fox, 61 N. Y. 264; Mohawk R. R. Co. v. Clute, 4 Paige, 384; Roberson v. Rochester Folding Box Co., 171 N. Y. 538; Empire Engineering Corp. v. Mack, 217 N. Y. 85; McClellan v. Carland, 217 S. 268; Leavitt v. Dabney, 30 N. Y. Super. Ct. 350; Manning v. Manning, 1 Johns. Ch. 527; Johnson v. Crook, 12 Ch. Div. 639; Pouch v. Prudential Ins.…
1Opinion of the CourtHubbs, J.
The respondents, Bankers Trust Company and The National City Bank, and two other banks owned a note of the International Match Corporation for $4,000,000. In February, 1932, the maker paid on the note $257,250, and executed a new note for the unpaid balance and as collateral security transferred to the banks 350,000 shares of the common stock of the Diamond Match Company. In April, 1932, the International Match Company was adjudged a bankrupt and thereafter the appellant Irving Trust Company was appointed trustee in bankruptcy. It demanded of respondent banks the surrender to it of the…
2Cases cited6 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Groves v. SentellSupreme Court of the United States · 1894
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- City of Buffalo v. . BalcomNew York Court of Appeals · 1892
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
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3Cited by16 opinions
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Nahtel Corporation v. West Virginia Pulp & Paper Co.Court of Appeals for the Second Circuit · 1944
- Smith v. FolsomSupreme Court of Georgia · 1940
- Wawrzonek v. Central Hudson Gas & Electric Corp.New York Court of Appeals · 1938
- Bank Itec N v. v. J. Henry Schroder Bank & Trust Co.District Court, S.D. New York · 1985
11 more not listed; retrieve them via the Exa API.