Valarino v. . Thompson
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment of the Superior Court of the city of New York, upon a verdict in favor of the plaintiff, had been reversed on writ of error.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment of the Superior Court of the city of New York, upon a verdict in favor of the plaintiff, had been reversed on writ of error. This was an action of assumpsit against the defendant and one Mason, commission-merchants, in the city of New York, under the firm of Mason & Thompson, for money had and received to the plaintiff’s use. ¡!. *The defendant Thompson alone was served -* with process; and he appeared and pleaded to the merits. A verdict and judgment having been obtained in favor of the plaintiff, in…
1Opinion of the CourtEuggles, C. J.
The power of the supreme court to reverse the judgment rendered in the superior court of the city of New York, for error in fact, was not disputed on the argument of this case. Nor was it denied, that the United States courts have exclusive jurisdiction in suits against consuls of foreign states residing here. But it was insisted, that the defendant’s exemption, as a consul, from liability to be sued in the state court, was his personal privilege; and that he waived it, by pleading to the merits, and going to trial, without raising the objection in the court below. It was also further…
2Cases cited3 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Davis v. PackardSupreme Court of the United States · 1833
- Mannhardt v. SoderstromSupreme Court of Pennsylvania · 1806
3Cited by16 opinions
- Slater v. BiehlDistrict of Columbia Court of Appeals · 2002
- Kita v. MatuszakMichigan Court of Appeals · 1970
- DeLeon v. WaltersSupreme Court of Alabama · 1909
- Popovici v. PopoviciDistrict Court, N.D. Ohio · 1927
- Wilcox v. LucoCalifornia Supreme Court · 1897
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