Bank v. Carrollton Railroad - United States Supreme Court

Bank v. Carrollton Railroad

By United States Supreme Court

  • Release Date - Published: 1870-12-01
  • Book Genre: Law
  • Author: United States Supreme Court
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Bank v. Carrollton Railroad United States Supreme Court read online review & book description:

Mr. P. Phillips, for the bank, appellant, recapitulating the evidence, contended that on it the bona fides of the assignment by Graham to the complainant on the 8th May, 1867, could not be successfully impeached; that Graham having thus assigned his interest to the complainant, and May his interest to Hernandex, Binder, and Bonneval, the bill was well filed against the latter and Beauregard, one of the original partners, to have an account of the profits of the concern under the prayer for general relief; that as the assignment by Graham to the complainant was absolute, Graham was not a necessary party; this, especially, as to have made him a defendant (being a citizen of the same State with the complainant) would have ousted the jurisdiction; that the decree dismissing the bill with leave to institute a suit against Beauregard, May, and Graham for a settlement of whatever partnership existed between them prior to the transfer by May, on the 14th and 16th May, 1867, was palpably erroneous, as it was through May that Bonneval, Binder, and Hernandez had come into the possession and control of the partnership effects; that the real defendants were thus protected from a suit and parties who had divested themselves of all possession and interest were to be substituted as defendants; this in an equity proceeding which deals always with those who have the real interest. But admitting that May and Graham were necessary parties, Mr. Phillips contended that their absence did not deprive the court of jurisdiction over the cause; that the objection could only be urged against granting the relief sought without bringing them in, and that this did not warrant an absolute dismissal of the bill as to those properly before the court; that in such a case an amendment of the bill would be ordered. And that, if necessary to maintain the jurisdiction, Graham might have been made a co-plaintiff.1

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