Holden v. . the Putnam Fire Insurance Co.
New York Court of Appeals
Appeal from an order of the late General Term of the sixth judicial district, affirming an order of Special Term, denying a motion to remove action to the Circuit Court of the United States for the northern district of Hew York.. Also, appeal from judgment entered bn decision of said General Term, denying motion for new trial and directing, judgment on verdict. Cause tried at Chemung circuit. The facts appearing upon the motion are sufficiently set forth in the opinion.
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Appeal from an order of the late General Term of the sixth judicial district, affirming an order of Special Term, denying a motion to remove action to the Circuit Court of the United States for the northern district of Hew York.. Also, appeal from judgment entered bn decision of said General Term, denying motion for new trial and directing, judgment on verdict. Cause tried at Chemung circuit. The facts appearing upon the motion are sufficiently set forth in the opinion. The defendant is a fire insurance company created by the laws of the State of Connecticut, with its principal place of…
1Opinion of the CourtAndrews, J.
The defendant is a corporation created by the law of Connecticut, and is a citizen of that State within the federal judiciary act of 1789. Its citizenship was not changed, nor was its right to apply for a removal of the action from the State to the federal court affected by the fact, that it made contracts of insurance in this State, and had complied with the provisions of our statute respecting foreign insurance companies, and subjected itself to the visitatorial power of the State. (Stevens et al v. Phœnix Insurance Company, 41 N. Y., 149.)
If the proceedings on the part of the defendant, to…
2Cases cited5 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
- People ex rel. Western Trans. Co. v. Superior CourtIllinois Supreme Court · 1864
3Cited by21 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Strychalski v. MekusAppellate Division of the Supreme Court of the State of New York · 1976
- Blair v. West Point Manufacturing Co.Nebraska Supreme Court · 1878
- Frye v. Prudential Insurance Co. of AmericaWashington Supreme Court · 1930
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