Chatham National Bank v. Merchants' Natonal Bank of West Virginia
New York Supreme Court
Appeal by defendant from an order denying a" motion on the part of defendant for the removal of the cause to the United States circuit court for the southern district of New York. The action was brought by the Chatham National Bank of the city of New York against the Merchants’ National Bank of West Virginia to recover the proceeds, amounting to $3,243.83, of various checks alleged to have been received by defendant for collection for plaintiff.
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Appeal by defendant from an order denying a" motion on the part of defendant for the removal of the cause to the United States circuit court for the southern district of New York. The action was brought by the Chatham National Bank of the city of New York against the Merchants’ National Bank of West Virginia to recover the proceeds, amounting to $3,243.83, of various checks alleged to have been received by defendant for collection for plaintiff. The plaintiff is a corporation created and existing by the laws of the State of New York and of the United States, and is located and doing business…
1DissentBrady, J.
The twelfth section of the judiciary act, which relates to the removal of causes from the State to the federal courts, provides that if the defendant, among other things to be made apparent, “ shall, at the time of entering his appearance in such State court, file a petition, etc., it shall then be the duty of the State court to accept the surety and proceed no further in the cause.” . The right of removal, however, is purely statutory, and when the defendant attempts to exercise it he must show that he has complied with the law in its requirements. He must at the time of entering his…
2Cases cited3 opinions
- Norton v. HayesNew York Supreme Court · 1847
- Redmond v. RussellNew York Supreme Court · 1815
- Durand v. HollinsThe Superior Court of New York City · 1854