Summary

Stanley Matthews Stewart v. Dunham — Opinion of the Court

It would not be profitable to rehearse the testimony, and point out the facts and circumstances relied on, on the one hand, to established the fraud charged, and those, on the other, adduced to rebut the suspicious of dishonest and unlawful combinations to defeat the claims of honest creditors. It is sufficient, we think, to say that the proof falls short of that which the law requires to establish so grave a charge.
Source: Wikisource

Stanley Matthews Stewart v. Dunham — Opinion of the Court

Such a proceeding would be ancillary to the jurisdiction acquired between the original parties, and it would be merely matter of form whether the new parties should come in as co-complainants, or before a master, under a decree ordering a reference to prove the claims of all persons entitled to the benefit of the decree. If the latter course had been adopted, no question of jurisdiction could have arisen. The adoption of the alternative is, in substance, the same thing. It is, however, objected by the appellees Edwin Bates & Co., Katz & Barnett, and John I. Adams & Co.
Source: Wikisource

Stanley Matthews Stewart v. Dunham — Opinion of the Court

After the cause was removed into the circuit court, the bill was amended by permitting Sigmond Katz, Jacob Katz, Nathaniel Barnett, and Selvia Barnett, partners, as Katz & Barnett, and John I. Adams and W. H. Renaud, composing the firm of John I. Adams & Co., creditors, respectively, of Broughton, to become co-complainants. The members of the firm of Katz & Barnett are described as 'resident citizens of and doing business in the city of New Orleans, state of Louisiana, and in the city of New York, state of New York.' The citizenship of those who constitute the firm of John I. Adams & Co.
Source: Wikisource

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