Scotten v. Samuel

Second Circuit

Scotten v. Samuel

239 F. 1022, 152 C.C.A. 666, 1917 U.S. App. LEXIS 2315

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 16, 1917

DocketNo. 150

StatusPublished

This text of 239 F. 1022 (Scotten v. Samuel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scotten v. Samuel, 239 F. 1022, 152 C.C.A. 666, 1917 U.S. App. LEXIS 2315 (2d Cir. 1917).

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Opinion

COXE, Circuit Judge.

The questions herein involved have been carefully considered in the District Court and two opinions have been written. In the first opinion Scotten v. Rosenblum (D. C.) 231 Fed. 357, written by Judge Learned Hánd the bill is carefully analyzed, with the result that he finds it “to be no more than an effort to retry the aetion of the plaintiffs against Rosenblum without the limitations applicable to such relief.” The amended bill was dismissed by Judge Hough, who held that “the substance of this bill is that the plaintiffs are convinced that they have a good cause of action against Samuel and Rosenblum. * * * This bill is brought apparently in order to compel a discovery on the part of both Rosenblum and Samuel. It is not seen what benefit this can be to plaintiffs, except ,as a prelude to a suit against Samuel, for they have sued Rosenblum, and a general judgment has been entered in favor of Rosenblum. That matter is closed.” We have been unable to discover that the amended. bill corrects the defects of the original bill. It is unnecessary to -discuss these questions anew as they have been carefully examined by the District Court and a correct conclusion reached. The decree of the District Court is affirmed with costs.

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COXE, Circuit Judge.

The questions herein involved have been carefully considered in the District Court and two opinions have been written. In the first opinion Scotten v. Rosenblum (D. C.) 231 Fed. 357, written by Judge Learned Hánd the bill is carefully analyzed, with the result that he finds it “to be no more than an effort to retry the aetion of the plaintiffs against Rosenblum without the limitations applicable to such relief.” The amended bill was dismissed by Judge Hough, who held that “the substance of this bill is that the plaintiffs are convinced that they have a good cause of action against Samuel and Rosenblum. * * * This bill is brought apparently in order to compel a discovery on the part of both Rosenblum and Samuel. It is not seen what benefit this can be to plaintiffs, except ,as a prelude to a suit against Samuel, for they have sued Rosenblum, and a general judgment has been entered in favor of Rosenblum. That matter is closed.” We have been unable to discover that the amended. bill corrects the defects of the original bill. It is unnecessary to -discuss these questions anew as they have been carefully examined by the District Court and a correct conclusion reached. The decree of the District Court is affirmed with costs.

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Bluebook (online)

239 F. 1022, 152 C.C.A. 666, 1917 U.S. App. LEXIS 2315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotten-v-samuel-ca2-1917.

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