Legal Opinion
Best Foods, Inc. v. Mitsubishi Shoji Kaisha, Ltd.
District Court, S.D. New York
Decided September 21, 1928PublishedCited by 3 opinions
1Opinion of the Court
THACHER, District Judge.
In granting the original motion to remand, Judge Goddard held that the original complaint alleged a single cause of action based upon allegations that the loss sustained was due to the fault of one of the defendants or to one or more of them acting in concert, or was due to their concurrent negligence. There being no separable controversy, he granted the motion to remand because the defendant Mitsubishi Shoji Kaisha had not joined in the petition for removal. 39 F.(2d) 619. Thereafter all of the defendants *621answered in the state court. Later the defendant Mitsubishi…
2Cases cited5 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Alley v. NottSupreme Court of the United States · 1884
- Scharff v. LevySupreme Court of the United States · 1885
- Best Foods, Inc. v. Mitsubishi Shoji Kaisha, Ltd.Appellate Division of the Supreme Court of the State of New York · 1928
- Best Foods, Inc. v. Mitsubishi Shoji Kaisha, Ltd.District Court, S.D. New York · 1927
3Cited by3 opinions
- Baker v. KeeblerDistrict Court, E.D. Tennessee · 1939
- Gerety v. Inland Newspaper Representatives, Inc.District Court, S.D. New York · 1957
- Panica v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1945