Ayres v. Western Railroad
New York Supreme Court
THIS is an appeal by the plaintiff from an order made by Mr. Justice Barnard, removing this cause for trial to the circuit court of the United States for the southern district of Hew York.
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THIS is an appeal by the plaintiff from an order made by Mr. Justice Barnard, removing this cause for trial to the circuit court of the United States for the southern district of Hew York. The action was brought by the plaintiff, a citizen of New York, in the supreme court, as the assignee of the Southworth Manufacturing Company, a Massachusetts corporation, to recover the value of certain property, delivered in 1861, hy the Southworth company, at Springfield, in Massachusetts, to the defendant, for transportation as a common carrier, to consignees in a western state. The goods thus delivered…
1Opinion of the CourtIngraham, J.
The defendants are incorporated under the laws of Massachusetts. The plaintiff is a citizen of New York, and was assignee of a company incorporated under a law of Massachusetts. The defendants moved for an order to remove the cause into the United States Court. The motion was, granted, and the plaintiff appealed.
It is clear that between the original parties, as both were corporations created by the laws of Massachusetts, this action could not have been removed. But inasmuch as the plaintiff, who is assignee of the claim, is a citizen of New York, the case is within the statute, unless the…
2Cases cited1 opinion
- Campbell v. . PerkinsNew York Court of Appeals · 1853
3Cited by8 opinions
- Robinson v. RobinsonNew York Supreme Court · 1924
- Couch v. MulhaneThe Superior Court of New York City · 1882
- Douglas v. HaberstroNew York Supreme Court · 1879
- Douglas v. HaberstroNew York Supreme Court · 1879
- Goldstein v. GoldsmithAppellate Terms of the Supreme Court of New York · 1899
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