Atlantic Trust Co. v. Proceeds of the Advance

No. 707
Decided Circuit Court of Appeals, Second Circuit
Disposition
dismissed
full scope · unanimous
Scan to open on mobileScan to open on another device
Court
District Court of the United States for the Southern District of New York
Decided
Posture
Unknown
Appellant (1)
ATLANTIC TRUST CO.
Cary & Whibridge
v.
Appellee (1)
PROCEEDS OF THE ADVANCE et al.
Carter & Ledyard

Overview

The appeal was discontinued by consent, and no substantive disposition was made by the court.

Case summary

This case involved an appeal by Atlantic Trust Co. regarding proceeds related to 'THE ADVANCE' against Proceeds of the Advance et al. The appeal was taken from the District Court of the United States for the Southern District of New York to the Circuit Court of Appeals for the Second Circuit. The appellate court noted that the appeal was discontinued by consent of the parties, resulting in no substantive legal rulings on the merits. The case was decided on May 12, 1896, with no further proceedings reported.

Abstract

The case involved an appeal concerning proceeds related to an advance, taken from a district court to a circuit court of appeals. The appeal was discontinued by consent of the parties, resulting in no substantive legal rulings on the merits. No further proceedings were reported.

Opinion of the court

Majority
opinion
  • Appeal discontinued by consent.

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the District Court of the United States for the Southern District of New York

Procedural posture

Posture at trial
Unknown
Posture on appeal
Direct appeal

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
THE ADVANCE. ATLANTIC TRUST CO. v. PROCEEDS OF THE ADVANCE et al.
Docket number
No. 707
Court
Circuit Court of Appeals, Second Circuit
Trial court
District Court of the United States for the Southern District of New York
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

No issues recorded for this case.

Timeline

appeal eventcited in opinion

Circuit Court of Appeals issues decision noting appeal discontinued by consent.

Outcome: Appeal discontinued

Case terminated without substantive ruling due to consent of parties.

Circuit Court of Appeals, Second Circuit appellate court

Facts & evidence

Key facts

1 facts
  1. The case involves a dispute over proceeds related to 'THE ADVANCE'.

Procedural history

2 steps
  1. Appeal from the District Court of the United States for the Southern District of New York.
  2. Discontinued by consent.

Objects of relevance

Proceeds related to 'THE ADVANCE'

Authorities

Legal principles applied

  • Parties may consent to discontinue an appeal

Notable quotes

“Discontinued by consent.”
majority — From the majority opinion describing the status of the appeal.
Indicates the case was terminated without a ruling due to agreement between parties.
Index terms24
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal procedural steps
Geo locations
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
District Court of the United States for the Southern District of New York
Context
The appeal was discontinued by consent of the parties, resulting in dismissal without substantive ruling.
Scope
full
Disposition vote
unanimous
Search facets
Parties
Courts
Statutes cited