Ayres v. Western Railroad
New York Supreme Court
THIS is an appeal by the plaintiff from an order made by Mr. Justice Barnard, removing this cause for trial to the circuit court of the United States for the southern district of Hew York.
Read the full summary
THIS is an appeal by the plaintiff from an order made by Mr. Justice Barnard, removing this cause for trial to the circuit court of the United States for the southern district of Hew York. The action was brought by the plaintiff, a citizen of New York, in the supreme court, as the assignee of the Southworth Manufacturing Company, a Massachusetts corporation, to recover the value of certain property, delivered in 1861, hy the Southworth company, at Springfield, in Massachusetts, to the defendant, for transportation as a common carrier, to consignees in a western state. The goods thus delivered…
1Dissent
Geo. G. Barnard, J. (dissenting.)
In order to bring this case within the principle of the case of Anderson v. Manufacturers’ Bank, (14 Abb. 436,) it must be determined that this action is brought to recover the contents of a promissory note, or other chose, in action, and if this is its character, it was conceded on the argument that the defendant was not entitled to remove the cause for trial into the federal court. The action is brought against the defendant as a common *137carrier, for damages, on account of the non-delivery of goods delivered to it by the Southworth Manufacturing Co. at…
2Cases cited4 opinions
- Gordon v. LongestSupreme Court of the United States · 1842
- Stevens v. Phœnix Insurance Co. of HartfordNew York Supreme Court · 1863
- Anderson v. Manufacturers' BankNew York Supreme Court · 1862
- Hobbs v. MagruderU.S. Circuit Court for the District of District of Columbia · 1834