Brixey v. Traders' & Travellers' Acc. Co.

U.S. Circuit Court for the District of Southern New York

Brixey v. Traders' & Travellers' Acc. Co.

100 F. 1006, 1900 U.S. App. LEXIS 5144

CourtU.S. Circuit Court for the District of Southern New York

DecidedMarch 1, 1900

StatusPublished

This text of 100 F. 1006 (Brixey v. Traders' & Travellers' Acc. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brixey v. Traders' & Travellers' Acc. Co., 100 F. 1006, 1900 U.S. App. LEXIS 5144 (circtsdny 1900).

Pincite

Opinion

LACOMBE, Circuit Judge.

The widow and administratrix of the insured is not a party, and has no standing in this cause. The court is not prepared, upon no further evidence than that now presented, to hold that the suit is eollusive and a fraud upon the court. The motion, therefore, must be denied, and the stay vacated. Nevertheless it would seem to be an unnecessary expense, and a waste of the time of all concerned, to proceed with the taking of testimony in this cause upon a bill of such doubtful equity. If, therefore, any witness before the examiner should decline to answer a question put to him by either side, the court would probably not be astute to compel him to do so until the sufficiency of the bill has been tested by demurrer.

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LACOMBE, Circuit Judge.

The widow and administratrix of the insured is not a party, and has no standing in this cause. The court is not prepared, upon no further evidence than that now presented, to hold that the suit is eollusive and a fraud upon the court. The motion, therefore, must be denied, and the stay vacated. Nevertheless it would seem to be an unnecessary expense, and a waste of the time of all concerned, to proceed with the taking of testimony in this cause upon a bill of such doubtful equity. If, therefore, any witness before the examiner should decline to answer a question put to him by either side, the court would probably not be astute to compel him to do so until the sufficiency of the bill has been tested by demurrer.

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Bluebook (online)

100 F. 1006, 1900 U.S. App. LEXIS 5144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brixey-v-traders-travellers-acc-co-circtsdny-1900.