A. H. Marshall Co. v. Buick Motor Co.
District Court, N.D. New York
At Daw. Action by the A. H. Marshall Company, Incorporated, against the Buick Motor Company, begun in the state couit and removed to the federal court. On motion to remand. Motion to remand case from the United States District Court, Northern District of New York, to the Supreme Court of the state of New York, Clinton county, from which court it was removed to this court.
Read the full summary
At Daw. Action by the A. H. Marshall Company, Incorporated, against the Buick Motor Company, begun in the state couit and removed to the federal court. On motion to remand. Motion to remand case from the United States District Court, Northern District of New York, to the Supreme Court of the state of New York, Clinton county, from which court it was removed to this court. The claim of the plaintiff is that the matter in controversy, exclusive of interest and costs, does not exceed the sum or value of $3,0C0, but amounts to the sum of $2,936.10 only. Diversity of citizenship is conceded.
1Opinion of the Court
RAY, District Judge.
The plaintiff’s complaint sets out two causes of action. The first cause of action sets out a contract with the defendant by which defendant was to sell and deliver to the plaintiff certain cars of its make at certain prices, and plaintiff agreed to establish an agency for the sale of such cars and engage in selling *686same, and was to receive from defendant a graduated increasing compensation, depending on the number of cars sold. The plaintiff ordered the cars, fully complied with the contract on its part in all respects, and actually sold cars which the defendant refused…
2Cases cited3 opinions
- Brown v. WebsterSupreme Court of the United States · 1895
- Springstead v. Crawfordsville State BankSupreme Court of the United States · 1913
- Continental Casualty Co. v. SpradlinCourt of Appeals for the Fourth Circuit · 1909
3Cited by3 opinions
- Richie v. RichieDistrict Court, E.D. New York · 1960
- Hovenden v. City of BristowDistrict Court, N.D. Oklahoma · 1940
- Security Mut. Life Ins. v. HarwoodCourt of Appeals for the First Circuit · 1926