Vose v. . Yulee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department,.affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department,.affirming a judgment in favor of plaintiff entered upon a verdict. This originally was' an equitable action brought againt The Florida Railroad Company, defendant Yulee and others, founded upon certain promissory notes made by said company and a portion of which were indorsed by defendant Yulee, which notes were secured by internal improvement bonds of the State of Florida, which were a first mortgage upon said company’s road. The road was sold upon foreclosure, and the plaintiff claimed that the…
1Opinion of the Court
Church, Ch. J.
The learned counsel for the defendant urges two grounds for a reversal of the judgment.
First, that the action was removed before trial to the Circuit Court of the United States; and second, that evidence was improperly rejected.
An attempt was made to remove the case to the United States court, under the act of 27th July, 1866 (14 U. S. Stat. at Large, 306), which provides for a removal in a case where the action is against more than one defendant, one of whom is a citizen of a State other than the one in which the suit is brought, and as to whom a final determination of the…
2Cases cited2 opinions
- Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
- Bell v. . DixNew York Court of Appeals · 1872
3Cited by4 opinions
- In re DenlowNew York City Family Court · 1976
- Bank of Seoul v. Norwest Bank MinnesotaAppellate Division of the Supreme Court of the State of New York · 1995
- Pecue v. CollinsAppellate Division of the Supreme Court of the State of New York · 1923
- Reade v. HalpinNew York Supreme Court · 1920