J. I. Case Threshing Mach. Co. v. Road Improvement Dist. No. 3
District Court, E.D. Arkansas
At Law. Action by the J. I. Case Threshing Machine Company against Road Improvement District No. 3 of Pulaski County; Ark. On demurrer to the jurisdiction of the court.
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At Law. Action by the J. I. Case Threshing Machine Company against Road Improvement District No. 3 of Pulaski County; Ark. On demurrer to the jurisdiction of the court. The complaint, in so far as it is necessary to set it out for the purpose of understanding the jurisdictional questions involved, states that the plaintiff is a corporation existing under the laws of the state of Wisconsin, and the defendant is a corporation created by the state of Arkansas, having its domicile within the jurisdiction of this court; that the defendant and one Mary V. Wiegel, the latter doing business under the…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). ,[1] It is conceded by counsel for the plaintiff that, if this action is merely upon an assigned chose in action, the failure of plaintiff to allege in its complaint that its assignor, Mrs. Wiegel, could have maintained the suit in this court would have been fatal; but it is claimed that the defendant made an express promise to pay this sum of money to the plaintiff, and that this action is upon that express promise, and for that reason the citizenship of Mrs. Wiegel is immaterial.
If this is a new promise to pay to the plaintiff this specific money due from…
2Cases cited8 opinions
- Ingersoll v. CoramSupreme Court of the United States · 1908
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- American Colortype Co. v. Continental Colortype Co.Supreme Court of the United States · 1903
- H. G. Holloway & Bro. v. White-Dunham Shoe Co.Court of Appeals for the Seventh Circuit · 1906
- Superior City v. RipleySupreme Court of the United States · 1891
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3Cited by2 opinions
- Honolulu Construction & Draying Co. v. Terrace Developers, Ltd.Hawaii Supreme Court · 1964
- Joseph Miele Const. Co. v. City of Niagara FallsDistrict Court, W.D. New York · 1937