Athan v. Hartford Fire Ins. Co.

SWAN, Circuit Judge.

This action, founded upon a policy of fire insurance, was originally brought in the City Court of the city of New York. On the petition of the defendant, it was removed to the United States District Court on the ground of diverse citizenship. There it was tried to a jury which returned a verdict in favor of the plaintiff. From the judgment entered thereon, the defendant has appealed, contending that the removal was improper and the District Court without jurisdiction. Although this point was not raised below and no assignment of error presents it, we are constrained to…