Betzoldt v. American Ins.
U.S. Circuit Court for the District of Eastern Michigan
At Law. This suit was brought on a policy of insurance, and was begun in this court February 15, 1887. The declaration mistakenly states that plaintiff is a citizen of Michigan, and he sues as assignee of one Henry Bertram, whose citizenship is not stated. It now appears the plaintiff was at the commencement of suit, and still is, an alien. Service of process was had upon the defendant’s agent in Michigan.
Read the full summary
At Law. This suit was brought on a policy of insurance, and was begun in this court February 15, 1887. The declaration mistakenly states that plaintiff is a citizen of Michigan, and he sues as assignee of one Henry Bertram, whose citizenship is not stated. It now appears the plaintiff was at the commencement of suit, and still is, an alien. Service of process was had upon the defendant’s agent in Michigan. Defendant is a Missouri corporation, and entered a general appearance in the cause, and pleaded the general issue, with notice of special matters of defense. The cause was once tried before…
1Opinion of the Court
Swan, J.,
(after stating the facts as above.) It is argued in support of the motion to dismiss that the misdescription in the declaration of plaintiff’s political status, the failure to allege that of his assignor, and the latter’s change of citizenship pending the suit, have wholly deprived the court of jurisdiction, and that under section 5 of the act of March 3, 1875,1 regulating the jurisdiction of United States courts, and under the authority of Morris v. Gilmer, 129 U. S. 315, 9 Sup. Ct. Rep. 289, and kindred cases, it is the duty of the court to dismiss the suit. It is sufficient to say…
2Cases cited9 opinions
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Morris v. GilmerSupreme Court of the United States · 1889
- Muller v. DowsSupreme Court of the United States · 1876
- Ware v. AllenSupreme Court of the United States · 1888
- James Conolly and Others v. Richard Taylor and OthersSupreme Court of the United States · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. New York & O. S. S. Co.Court of Appeals for the Second Circuit · 1914
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- Peruna Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Radio Electronic Television Corp. v. Bartniew Distributing Corp.District Court, S.D. New York · 1940