Risley v. Indianapolis, Bloomington & Western Railroad
New York Supreme Court
Appeal from a judgment entered in favor of plaintiff, on the report of a referee. The action was brought by John E. Risley against the Indianapolis, Bloomington & Western Railway Company to recover the sum of $50,000, and also the value of certain bonds. The defendant company was a consolidation, duly made according to law, in 1S69, of the Danville, Drbana, Bloomington & Pekin Railroad Company, and the Indianapolis, Orawfordville & Danville Railroad Company.
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Appeal from a judgment entered in favor of plaintiff, on the report of a referee. The action was brought by John E. Risley against the Indianapolis, Bloomington & Western Railway Company to recover the sum of $50,000, and also the value of certain bonds. The defendant company was a consolidation, duly made according to law, in 1S69, of the Danville, Drbana, Bloomington & Pekin Railroad Company, and the Indianapolis, Orawfordville & Danville Railroad Company. By the act of consolidation the defendant company assumed all the liabilities of the constituent roads. It appeared from plaintiff’s…
1Opinion of the CourtDaniels, J.
The application for the removal of the cause into the circuit court of the United States was properly denied, oecause it was not shown by the petition that the parties were citizens of different States at the time when the action was commenced, and the defendant, being a corporation, was not entitled to such removal upon any other ground. Holden v. Putnam Fire Ins. Co., 46 N. Y. 1; Plehner v. Phoenix Ins. Co., 6 Lans. 411, Cooke v. State National Bank of Boston, 52 N. Y. 96.
The contract, on which the decision of the referee allowed the plaintiff to recover the judgment appealed from, was made…
2Cases cited12 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Butts v. . WoodNew York Court of Appeals · 1867
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
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