New England Screw Co. v. Bliven
U.S. Circuit Court for the District of Southern New York
This was an action of assumpsit, brought by the plaintiffs, a Khode Island manufacturing corporation, to recover for goods sold to the defendants [Charles Bliven and Edward B. Head] to the amount of $5,000. The defendants interposed a special plea to the declaration, averring that, at the time of the making of the several promises in the declaration mentioned, an act had been passed, and was in force, in the state of New York, which authorized a party bringing an action for…
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This was an action of assumpsit, brought by the plaintiffs, a Khode Island manufacturing corporation, to recover for goods sold to the defendants [Charles Bliven and Edward B. Head] to the amount of $5,000. The defendants interposed a special plea to the declaration, averring that, at the time of the making of the several promises in the declaration mentioned, an act had been passed, and was in force, in the state of New York, which authorized a party bringing an action for the recovery of money against a foreign corporation, to attach the property of such corporation, as a security for the…
1Opinion of the Court
BETTS, District Judge.
It appears to us that there are some difficulties in the way of maintaining this plea as a bar to the action, either by way of abatement or in chief, which were not mentioned on the argument.
The act of the state of New York, under which the attachment pleaded was taken out, is one directed to the practice and proceedings of the local courts, and, in that character, in no way controls the action of a court of the United States. State statutes are rules of decision in the courts of the United States, when they prescribe a law governing the right or title in litigation, but…
2Cases cited2 opinions
- Bowne v. JoyNew York Supreme Court · 1812
- Walsh v. DurkinNew York Supreme Court · 1815
3Cited by4 opinions
- Chapman v. LambertIndiana Supreme Court · 1911
- Arnold v. WoodwardSupreme Court of Colorado · 1890
- Hartman v. FishbeckU.S. Circuit Court for the District of Eastern Wisconsin · 1883
- Pollock v. KinmanAppellate Court of Illinois · 1912