Louisville, Cincinnati, & Charleston Rail-Road v. Letson
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States for the district of South Carolina. Letson, a citizen of New York, brought an action of covenant against the Louisville, Cincinnati, and Charleston Rail-road Company, alleging that they had not fulfilled a contract with him relating to the construction of the road.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the district of South Carolina. Letson, a citizen of New York, brought an action of covenant against the Louisville, Cincinnati, and Charleston Rail-road Company, alleging that they had not fulfilled a contract with him relating to the construction of the road. The suit was brought in November, 1841. In April, 1842, the defendants filed a plea to the jurisdiction, which was afterwards amended to read as follows: “And the said the Louisville, Cincinnati, and Charleston Rail-road Company come and say,…
1Opinion of the CourtJustice Wayne
The jurisdiction of the court is denied in this case upon the grounds that two members of the corporation sued are citizens of North Carolina ; that the state of South Carolina is also a member, and that two other corporations in South Carolina are members, having in them members who are citizens of the same state with the defendant in error.
The objection, that the state of South Carolina is a member, cannot be sustained. Cases have been, already decided by this court which overrule it. The doctrine is, if the state be not necessarily a defendant, though its interest may be affected by the…
2Cases cited5 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- United States v. PetersSupreme Court of the United States · 1809
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