Ladd Metals Co. v. American Mining Co.
U.S. Circuit Court for the District of Oregon
On Motion to Quash Service. The complaint herein exhibits an action based upon a contract, entered into In the state of Idaho, between W. C. Jones of the one part, and the defendant company of the other, whereby the latter sold and agreed to deliver to the former certain copper ore then at the Seven Devils Mines in the state of Idaho. Among other things, an advance payment of $3,000 was agreed upon.
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On Motion to Quash Service. The complaint herein exhibits an action based upon a contract, entered into In the state of Idaho, between W. C. Jones of the one part, and the defendant company of the other, whereby the latter sold and agreed to deliver to the former certain copper ore then at the Seven Devils Mines in the state of Idaho. Among other things, an advance payment of $3,000 was agreed upon. Jones subsequently assigned the contract to the plaintiff corporation, and the present action is for a breach thereof. Plaintiff is an Oregon, and defendant a Montana corporation. Action was…
1Opinion of the Court
WOUVERTON, District Judge.
The action is by an Oregon corporation against a Montana corporation, and, there being no other ground upon which to base federal jurisdiction than diversity of citizenship, it was properly instituted in the district of the residence of the plaintiff; the statute in such cases granting the authority to sue in the district of the residence of either party. Act Cong. March 3, 1875, c. 137, § 1, 18 Stat. 470, amended by Act March 3, 1887, c. 373, § 1, 24 Stat. 552. and corrected by Act Aug. 13, 1888, c. 866, § 1, 25 Stat. 433 [U S. Comp. St. 1901, p. 508]; 4 Fed. Stat.…
2Cases cited11 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Erl Anger Mills, Inc. v. Cohoes Fibre Mills, Inc.Court of Appeals for the Fourth Circuit · 1956
- Major Creek Lum. Co. v. JohnsonOregon Supreme Court · 1921
- Pacific States Security Co. v. District CourtNevada Supreme Court · 1924
- Walton N. Moore Dry Goods Co. v. Commercial Industrial Co.District Court, N.D. California · 1921
- Walton N. Moore Dry Goods Co. v. Commercial Industrial Co.Court of Appeals for the Ninth Circuit · 1922
1 more not listed; retrieve them via the Exa API.