Fulton National Bank v. Hozier, 267 U.S. 276 (1925)

Fulton National Bank of Atlanta v. Hozier

No. 260

Submitted January 27, 1925
Decided March 2, 1925
267 U.S. 276

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. A controversy is not dependent or ancillary unless it has direct relation to property or assets drawn into the court’s possession or control by the principal suit. P. 280.

2. Jurisdiction over a suit to administer the assets of an insolvent firm of stockbrokers does not empower the district court to entertain as dependent or ancillary a controversy between a customer of the firm and a national bank (citizens of the same state) over money paid the firm by the customer to buy stocks and deposited by the firm in the bank, and which the bank has set off against notes owing it by the firm, but which the customer claims as equitably his, free from the firm’s obligations. Id.

295 F. 611 reversed.

Certiorari to a decree of the circuit court of appeals affirming a judgment of the district court which decreed that its receivers recover from the petitioner Bank the amount of a claim made by the respondent Hozier, as intervener, and pay it to the intervener or his counsel. See also 287 F. 158.