Gill v. Stebbins
U.S. Circuit Court for the District of Southern New York
Demurrer to declaration. The declaration alleged that the plaintiffs [Theopliilus A. Gill and others] were holders of two promissory notes, which had been made by a certain firm under the name Sturtevant, Trent and Gurney, at Blakesley, &c., amount §1,375.49, and which were payable to certain persons doing business under the name and firm of Ladd & Barnes, at Boston, in the commonwealth of Massachusetts (no averment of their citizenship), and that the said notes were…
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Demurrer to declaration. The declaration alleged that the plaintiffs [Theopliilus A. Gill and others] were holders of two promissory notes, which had been made by a certain firm under the name Sturtevant, Trent and Gurney, at Blakesley, &c., amount §1,375.49, and which were payable to certain persons doing business under the name and firm of Ladd & Barnes, at Boston, in the commonwealth of Massachusetts (no averment of their citizenship), and that the said notes were received from Ladd & Barnes for collection from the makers thereof, for and on account of John Osgood, a citizen of…
1Opinion of the Court
THOMPSON, Circuit Justice.
One of the questions raised upon the argument of the demurrer in this case related to the jurisdiction of this court. The plaintiffs, in the declaration, aver themselves to be citizens of New York; but, in setting out the cause of action, show that they are mere nominal parties. The real party in interest is John Osgood, a citizen of Massachusetts, and the defendants are alleged to be citizens of Alabama. If the jurisdiction of the court depended upon the real parties in interest, the objection would be fatal, as neither party is a citizen of the state where the suit…
2Cases cited8 opinions
- Etheridge v. OsbornNew York Supreme Court · 1834
- Patten v. HarrisNew York Supreme Court · 1834
- Jackson ex dem. Simmons v. SimmonsCourt for the Trial of Impeachments and Correction of Errors · 1832
- Dearborn v. KentNew York Supreme Court · 1835
- Gould v. AllenNew York Supreme Court · 1828
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