Pechner v. . Phoenix Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. (Reported helow, 6 Lans., 411.) This action was brought upon a policy of insurance, issued to W. Straus & Co., on a stock of goods and merchandise at Ebnira, and assigned by them, with the defendant’s consent. to the plaintiff, who was the owner of such goods when the loss occurred. The defendant is a corporation created and doing business under the laws of the State of Connecticut,…
1Opinion of the Court
Dwight, C.
The petition for the removal of this cause to the United States Court was properly denied.
It simply alleged that when the petition was filed (June 13, 1867) the defendant is a citizen of Connecticut, and thp plaintiff (as the defendant is informed and believes) is a citizen of the State of 37ew York. It is not asserted that at the time of the commencement of the action the parties were citizens of the respective States named. Such a statement is fatally defective. (Holden v. Putnam Fire Ins. Co., 46 N. Y., 1.) In that case, the only proof of the citizenship of the plaintiff, made…
2Cases cited7 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Peck v. New London County Mutual InsuranceSupreme Court of Connecticut · 1852
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
45 more not listed; retrieve them via the Exa API.