Payson v. Dietz
U.S. Circuit Court for the District of Iowa
In equity. The defendant moves to dismiss the action for want of jurisdiction. The petition alleges that the plaintiff, “Joseph R. Payson, assignee in bankruptcy of the Republic Insurance Company of Chicago. Illinois, is a citizen of the state of Illinois, and that the defendant is a citizen of the state of Iowa.”
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In equity. The defendant moves to dismiss the action for want of jurisdiction. The petition alleges that the plaintiff, “Joseph R. Payson, assignee in bankruptcy of the Republic Insurance Company of Chicago. Illinois, is a citizen of the state of Illinois, and that the defendant is a citizen of the state of Iowa.” The petition then proceeds to set out a case to recover of the defendant the sum of $600, the amount of an unpaid assessment upon stock held by him in the Republic Insurance Company. Among other averments is one that this company',t by reason of losses in the Chicago fire, was…
1Opinion of the Court
DILLON, Circuit Judge.
Since the amount, in dispute exceeds $500, and the plaintiff is a citizen of Illinois, and the defendant a citizen of Iowa, the jurisdiction of this court under the eleventh section of the judiciary-act [1 Stat. 78] plainly exists, unless it be taken away by the provisions of the bankrupt act. It is admitted that there is no express provision depriving either this court or the state courts of jurisdiction of actions in behalf of assignees in bankruptcy. It is argued, however, that the jurisdiction of each of these classes of courts is taken away as a necessary or implied…
2Cases cited4 opinions
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Boone v. HallCourt of Appeals of Kentucky · 1869
- Gilbert v. PriestNew York Supreme Court · 1873
- Winslow v. ClarkNew York Supreme Court · 1870