New York I. & P. Co. v. Milburn Gin & Machine Co.
United States Circuit Court
At Law. On motion to remand. The plaintiff sued upon an account before a justice of the peace for $288, suffered judgment there in favor of the defendant, and took an appeal to the circuit court of Shelby county, where the defendant pleaded a set-off, claiming damages in the sum of $3,000 for a breach of the contract for roofing certain buildings, out of which the balance sued on by the plaintiff arose, the account having been assigned to the usee of the action.
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At Law. On motion to remand. The plaintiff sued upon an account before a justice of the peace for $288, suffered judgment there in favor of the defendant, and took an appeal to the circuit court of Shelby county, where the defendant pleaded a set-off, claiming damages in the sum of $3,000 for a breach of the contract for roofing certain buildings, out of which the balance sued on by the plaintiff arose, the account having been assigned to the usee of the action. After filing this plea the defendant removed the cause to this court. The plaintiff moved to remand, because the matter in dispute…
1Opinion of the CourtHammond , J.
Our courts arc in direct conflict on the question whether or not, on a motion to remand, the amount in dispute is to be determined by the plaintiff’s demand,' or by the demand of the defendant, where he sets up a counter-claim, as in this case. Clarkson v. Manson, 4 Fed. Rep. 257; Manufacturing Co.v. Broderick, 6 Fed. Rep. 654; Dill. Rem. Causes, §§ 51, 64; Desty, Rem. Causes, 87, 88, 110, 111; West v. Aurora, 6 Wall. 139; Ryan v. Bindley, 1 Wall. 66; Hilton v. Dickinson, 108 U. S. 165, 2 Sup. Ct. Rep. 424; Bradstreet Co. v. Higgins, 112 U. S. 227, 5 Sup. Ct. Rep. 117. In the view the court…
2Cases cited10 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Hess v. ReynoldsSupreme Court of the United States · 1885
- Hyde v. StoneSupreme Court of the United States · 1858
- Hilton v. DickinsonSupreme Court of the United States · 1883
- West v. Aurora CitySupreme Court of the United States · 1868
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3Cited by3 opinions
- Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
- Royal Ins. Co. of Liverpool v. StoddardCourt of Appeals for the Eighth Circuit · 1912
- Cappetta v. Atlantic Refining Co.District Court, D. Connecticut · 1935