Mutual Life Ins. v. Champlin
U.S. Circuit Court for the District of Southern New York
Motion to Remand. The complainant, in March, 1879, insured the life of Edmund W. Raynsford, in the sum of $10,000, by a policy made payable to his executors, administrators, or assigns. The insured resided at Providence, Rhode Island, and died there in January, 1883. The defendant Champlin, a citizen of that state, was duly appointed administrator of liis estate, and subsequently took out ancillary letters of administration in this state.
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Motion to Remand. The complainant, in March, 1879, insured the life of Edmund W. Raynsford, in the sum of $10,000, by a policy made payable to his executors, administrators, or assigns. The insured resided at Providence, Rhode Island, and died there in January, 1883. The defendant Champlin, a citizen of that state, was duly appointed administrator of liis estate, and subsequently took out ancillary letters of administration in this state. The deceased left a widow and one son, Charles K. In March, 1881, he had assigned the policy to the defendant Sparrow. The validity of this assignment being…
1Opinion of the CourtBrown, J.
The second clause of the second section of the removal act of 1875 declares that when, “in any suit between citizens of different states, ' * *’ * there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, * * * then either one or more of the plaintiffs or defendants may remove,” etc. Here is an explicit declaration that the cause may be removed by either one of the plaintiffs or the defendants, provided certain specified conditions exist. Eor the purposes of this motion the averments of fact contained in the petition…
2Cases cited3 opinions
- Hyde v. RubleSupreme Court of the United States · 1882
- Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
- Bouldin v. AlexanderSupreme Court of the United States · 1880
3Cited by11 opinions
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
- Casey v. BakerDistrict Court, N.D. New York · 1914
- Garner v. Second Nat. Bank of ProvidenceU.S. Circuit Court for the District of Southern New York · 1895
- Blackburn v. BlackburnU.S. Circuit Court for the District of Eastern Arkansas · 1906
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