Bell v. Lycoming Fire Insurance
New York Supreme Court
APPEAL by plaintiff from an order at special term removing the cause from the Supreme Court of the State of New York to . the Circuit Court of the United States for the northern district of New York, under the act of congress of 1789. The action was brought by Ira Bell against the Lycoming Eire Insurance Company to recover for a loss upon a policy issued by defendant upon machinery owned by defendant and which was destroyed by fire.
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APPEAL by plaintiff from an order at special term removing the cause from the Supreme Court of the State of New York to . the Circuit Court of the United States for the northern district of New York, under the act of congress of 1789. The action was brought by Ira Bell against the Lycoming Eire Insurance Company to recover for a loss upon a policy issued by defendant upon machinery owned by defendant and which was destroyed by fire. The plaintiff was a resident of this State, the defendant, a corporation organized under the laws of Pennsylvania, and the amount of the insurance 1700. The…
1Opinion of the CourtLearned, P. J.
The amount of surety to be taken is a matter in the discretion of the gourt to which the petition is presented. It could never be reviewed here, unless, perhaps, in some extraordinary case. In the present instance the surety was a little less than the claim. As a general rule it would seem just that it should equal the claim and accrued costs.
The petition was signed by the general agent of the company in this State, and it is objected that this is insufficient to constitute a petition by the defendant.
If we look at the judicial act of the United States of 1789, we shall see that it was drawn…
2Cases cited2 opinions
- Cooley v. LawrenceThe Superior Court of New York City · 1855
- Dodge v. Northwestern Union Packet Co.Supreme Court of Minnesota · 1868