Stevens v. Phœnix Insurance Co. of Hartford
New York Supreme Court
Motion by defendant to remove cause to circuit court of the United States for the northern district of New York, upon the ground that the plaintiffs are citizens of the state of New York, and the defendant is a corporation created by the laws of Connecticut, and located and doing business in that state.
1Opinion of the Court
Allen, Justice.
The petition and security of the defendant for the removal of the action from this court to the circuit court of the United States are iá due form, and in conformity with the federal judiciary act authorizing the proceeding. (1 Story Laws of U. S., 57, § 12.) If *518the defendant, therefore, is within the act a citizen of the state of Connecticut, this court has no discretion, and it is a matter of course to grant the order for the removal. (Vandevoort agt. Palmer, 4 Duer, 677; Norton agt. Hayes, 4 Denio, 245.) Before the case of The Louisvilte, Cincinnati & Charleston R. R. Co.…
2Cases cited3 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.Supreme Court of the United States · 1840
- Norton v. HayesNew York Supreme Court · 1847
3Cited by8 opinions
- Kranshaar v. New Haven Steamboat Co.The Superior Court of New York City · 1868
- Knorr v. Home InsuranceWisconsin Supreme Court · 1869
- Fisk v. Chicago, Rock Island & Pacific Railroad Co.New York Supreme Court · 1868
- Ahern v. National Steamship Co.New York Court of Common Pleas · 1871
- Ahern v. National Steamship Co.New York Court of Common Pleas · 1870
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