People v. National Cancer Hospital of America
| Decision Date | 14 August 1956 |
| Citation | 153 F. Supp. 484 |
| Parties | PEOPLE OF THE STATE OF NEW YORK, Plaintiffs, v. NATIONAL CANCER HOSPITAL OF AMERICA, DeHaan, Inc., Arthur H. Levien, Edward C. Everton, Jules Roloff, Lorettamary Gibson and William F. Everton, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Jacob K. Javitz, Atty. Gen. of New York, for plaintiffs.
Ramey & McKelvey, New York City, for National Cancer Hospital of America.
Whitman Knapp, New York City, for Receiver, Bethuel M. Webster.
This is a motion by the People of the State of New York to remand to the Supreme Court of the State of New York, County of New York, a petition by a State Court receiver to distribute cy pres to various charitable organizations in New York, funds originally contributed in New York State to the National Cancer Hospital.
The action was originally commenced on November 2, 1950 by the People of the State of New York against the National Cancer Hospital, a Michigan corporation, DeHaan, Inc. and officers, agents or employees of the corporate defendants. The relief requested was (1st) to enjoin all of the defendants from soliciting, collecting, receiving or acquiring any moneys or other thing of value in New York State by or on behalf of the National Cancer Hospital; and (2nd) to enjoin the National Cancer Hospital from exercising, in the State of New York, any corporate rights, privileges or franchises without first procuring the proper authority. On June 9, 1953, during the trial of the action, the plaintiff amended its complaint to request the appointment of a receiver of the property and assets of the National Cancer Hospital in New York, with power to dispose of said assets cy pres on his accounting. Prior to the commencement of trial the action had been severed as against DeHaan, Inc., the professional fund-raisers, and its agents, officers or employees and proceeded against the National Cancer Hospital and its agents, officers or employees.
After trial, judgment was entered against all defendants as prayed for in the complaint as amended. The Supreme Court, Appellate Division, First Department, modified the judgment to the extent of striking therefrom the decretal paragraph directing the distribution cy pres of the funds in the receiver's hands, after his accounting. The memorandum decision of the Appellate Division specifically provided for an application for such distribution to be made at a more appropriate time. 285 App.Div. 871, 137 N.Y.S.2d 827. The judgment, as modified by the Appellate Division, was affirmed by the Court of Appeals without opinion (1...
To continue reading
Request your trial
-
Glenmede Trust Company v. Dow Chemical Company, Civ. A. No. 74-2345.
...the trust res. The assumption of quasi in rem jurisdiction by the Orphans' Court would preclude removal. People v. National Cancer Hospital of America, 153 F.Supp. 484 (S.D.N.Y. 1956); Conners v. Federal Deposit Insurance Corporation, 39 F.Supp. 812, 815 (E.D.Pa.1941). Dow and General Crude......
-
Reagin v. French
...interfere with the court's exclusive jurisdiction of the res." Glenmede, 384 F.Supp. at 433 (citing People v. National Cancer Hospital of America , 153 F.Supp. 484 (S.D.N.Y. 1956) ; Conners v. Federal Deposit Insurance Corporation , 39 F.Supp. 812, 815 (E.D. Pa. 1941) ). In Glenmede , the d......
-
Application of Lewis
...statute, and generally involved competing claims for funds under the state court's jurisdiction; see N. Y. v. National Cancer Hospital of America, 153 F.Supp. 484 (S.D.N.Y.1956); Overman v. Overman, 412 F.Supp. 411 (E.D.Tenn. 1976); Nowell v. Nowell, 272 F.Supp. 298 (D.Conn.1967). Western M......
-
Multibank, Inc. v. Access Global Capital LLC
...the court rejected jurisdiction where "[t]he present application is merely ancillary [to the underlying litigation]." 153 F. Supp. 484, 485 (S.D.N.Y. 1956). Those decisions align with the United States Supreme Court's decision in First National Bank v. Turnbull & Co., 83 U.S. 190 (1872), a ......