Merserole v. Union Paper Collar Co.
U.S. Circuit Court for the District of Southern New York
[This was a bill in equity, to which a demurrer was interposed by the defendants. The plaintiffs [Cornelius M. Merserole and James L. Libby] were described, in the bill, as “citizens of the United States,” but they were not averred to be citizens of any state of the United States.
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[This was a bill in equity, to which a demurrer was interposed by the defendants. The plaintiffs [Cornelius M. Merserole and James L. Libby] were described, in the bill, as “citizens of the United States,” but they were not averred to be citizens of any state of the United States. The defendants were described as “The Union Paper Collar Company, claiming to be a corporation created under the laws of the state of New York, and having its office and principal place of business in the Southern district of New York.” The plaintiffs were manufacturers of paper collars. On the 9th of January, 1868,…
1Opinion of the Court
BLATCHFORD, District Judge.
In order to give this court jurisdiction of the suit on the ground of parties, it must be a suit between a citizen of the state of New York and a citizen of another state. Act Sept. 24, 1789, § 11 (1 Stat. 78). The necessary averments of citizenship to confer jurisdiction must appear on the face of the bill, This bill is defective in that respect. The plaintiffs are not averred to be citizens of any state, but only citizens of the United States. It should appear, affirmatively, that they are not citizens of the same state with the defendants.
The other ground of…
2Cases cited3 opinions
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Cross v. HuntlyNew York Supreme Court · 1835
- Head v. Stevens & SimondsNew York Supreme Court · 1838
3Cited by7 opinions
- Aronson v. OrlovMassachusetts Supreme Judicial Court · 1917
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- White v. LeeU.S. Circuit Court for the District of Massachusetts · 1880
- McMullen v. BowersCourt of Appeals for the Ninth Circuit · 1900
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