Anderson v. Manufacturers' Bank
New York Supreme Court
Appeal from an order denying defendant’s motion to remove the cause into the U. S. Circuit Court. This action was brought hy John S. Anderson against the Manufacturers’ Bank, to recover $633.33 damages, for not properly presenting and protesting a promissory note. The plaintiff was a citizen of Eew York; the defendants were a corporation created by and doing business in Connecticut. The claim was assigned to the plaintiff by Isaiah M. Colburn.
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Appeal from an order denying defendant’s motion to remove the cause into the U. S. Circuit Court. This action was brought hy John S. Anderson against the Manufacturers’ Bank, to recover $633.33 damages, for not properly presenting and protesting a promissory note. The plaintiff was a citizen of Eew York; the defendants were a corporation created by and doing business in Connecticut. The claim was assigned to the plaintiff by Isaiah M. Colburn. The defendants entered their appearance in this court, and, at the same time, filed a petition for the removal of the cause into the Circuit Court of…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
This action, if brought between the original parties, would not have been between citizens of different States, and could not have been removed into the United States court. Under the laws of this State, the assignee of a claim must sue in his own name in the courts of this State.
If such an action was removed into the United States courts the plaintiff could not maintain the action there, and it would be a good defence to the action that it was so brought.
Any change of parties, then, by allowing the name of the original party in interest to be substituted, would…
2Cited by3 opinions
- Ayres v. Western RailroadNew York Supreme Court · 1866
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871
- Levy v. O'NeilNew York Court of Common Pleas · 1873