State ex rel. Allen v. Title Guaranty & Surety Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action on official bond. Judgment for plaintiff. Petition for removal to the United States court should have been granted. “When several plaintiffs unite to enforce a single title or right in which they have a common and undivided interest, it is enough if their interests collectively equal the jurisdictional amount.”
Read the full summary
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action on official bond. Judgment for plaintiff. Petition for removal to the United States court should have been granted. “When several plaintiffs unite to enforce a single title or right in which they have a common and undivided interest, it is enough if their interests collectively equal the jurisdictional amount.” (Troy Bank v. G. A. Whitehead & Co., 222 U. S. 39, 32 Sup. Ct. 9, 56 L. ed. 81; Cowell v. City Water Supply Co., 121 Fed. 53, 55, 57 C. C. A. 393; Shields v. Thomas, 17…
1Opinion of the CourtMorgan, J.
— This action was commenced by the state of Idaho to recover on the official bond of Vernon W. Platt, former bank commissioner of Idaho, and the Title Guaranty and Surety Company of Scranton, Pennsylvania, his surety, for the use and benefit of O. W. Allen and 218 other depositors in the Boise State Bank, Limited, a separate cause of action being stated in the complaint on behalf of each of - said depositors. The amount in dispute in each cause of action is separate and distinct from every other cause of action and none of the parties claimed any interest whatever in the demand of any other…
2Cases cited23 opinions
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Troy Bank v. G. A. Whitehead & Co.Supreme Court of the United States · 1911
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Gibson v. ShufeldtSupreme Court of the United States · 1887
- State v. KentNorth Dakota Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Madsen v. BorthickUtah Supreme Court · 1983
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
- Deatsch v. FairfieldArizona Supreme Court · 1925
- Guyman v. AndersonIdaho Supreme Court · 1954
- United States Fidelity & Guaranty Co. v. Clover Creek Cattle Co.Idaho Supreme Court · 1969
13 more not listed; retrieve them via the Exa API.