Ladd v. Tudor
U.S. Circuit Court for the District of Massachusetts
This was a petition, setting forth the following facts: An action at law was instituted by Tudor v. Ladd [unreported] on the 17th of August last, in the court of common pleas, of the state of Massachusetts, to recover damages for not furnishing a ship, as agreed on. for the transportation of ice. The damages in the writ were laid at $700. Ladd is a citizen of Portsmouth, N. H., and Tudor a citizen of Boston, Mass.
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This was a petition, setting forth the following facts: An action at law was instituted by Tudor v. Ladd [unreported] on the 17th of August last, in the court of common pleas, of the state of Massachusetts, to recover damages for not furnishing a ship, as agreed on. for the transportation of ice. The damages in the writ were laid at $700. Ladd is a citizen of Portsmouth, N. H., and Tudor a citizen of Boston, Mass. Ladd appeared and answered to the action in the common picas, on the 14th day of October, 1S47, and filed a petition to have the same removed to this court for trial, and also filed…
1Opinion of the Court
WOODBURY, Circuit Justice.
On inspection of the original writ in this case, I perceived that the different counts did not all in terms refer to one cause of action, and suggested to the respondent’s counsel the propriety of tiling an affidavit that they were so intended to refer, if such was the fact, and that no more was meant or expected to be recovered as damages, than the $500 in the account annexed. Accordingly an affidavit to that effect has since been filed, and now makes a part of the case.
The first question arising on this petition is, whether the residence of Ladd appears to be such…
2Cases cited4 opinions
- Ex parte NelsonNew York Supreme Court · 1823
- Pixley v. WinchellNew York Supreme Court · 1827
- Ex parte BassettNew York Supreme Court · 1824
- Spraggins v. HumphriesU.S. Circuit Court for the District of Tennessee · 1812