The New York herald., 1867-02-23

the defendant the New Haven Steamboat COMPANY 70
remove this into the United States Circuit Court
on the grounds that the Steamboat Company, being ncor-
pora,ed by the laws OF Connecticut, is citizen that
State under the act Of Congress Of l1S9 which allows the
removal OF causes from State court between citizens
or iFerent States
Il was shown in opposition to the motion by the a-
davt OF G. W. Colterl. counsel for the plaintiff, that
the cause Of action is to recover the value OF piano
destroyed by the 5th OF Jnly 1866 IN the deend-
ants warehouse in this city, that the defendants nave
their agencies docks and warehouses in this city and
that the agent appointed ~ law for that purpose ad.
mi,ted service OF summons in this action.
Counsel for the plaintiff contended that under the
circumstances the defendant is not citizen Of Connec-
ticut, within the meaning OF The act.
The Court he'd and rendered the following
opinion For plaintiffs. G. w. Cotterill; for defen-
dants' Owen, Gray and orwen.-
ROBERTSON. @.
corporation, being artificial creature OF the law
Is OF little difficulty 10 determine the tests
by which citizenship. within the meaning Of the
twelfth section OF the Judiciary act OF Congress or the
United states passed so in i.Sa s. Ssts q
1t decided quite early period after the passage
OF that ac that the mere creation OF corporation by
The laws OF State did necessarily make IL per.
citizen OF that State within the meaning OF that
section because It's corporaors might belong 70 different
States. THE Hope Insurance Company ys. Boardmans
Cranch Reports, 81 Bank OF the United states
Devan Ibid, 6ll and It was held so until quite lately.
CO., Subsequently it was held las understand p that
the State by whose laws corporation Is created deter
mines its citizenship In the absence OF any other test
same manner the birthplace of natural person do.
tcrmines his citizenship in The absence OF any proof OF
change OF residence Such doctrine is not nconsis.
tent with the application of the test Of either natural
or an artificial person acquiring residence elsewhere
by carrying on their principal functions there The
principal function OF corporation and, indeed, tho
only mode in which its existence actually made known
TO the community Is IN the transaction OF the business
for which it Is chartered and that IL carefully added
in the last cited necessary qualification OF
cizensnp W 0I corpoTanoa 70 the state from when a y
such act in the case OF Stevens vs. Pbenx Insurance.
Company GA Howard, p r. 5lSl in the supreme Court
of this State and TO differ from the
ion given In that case do not perceive that the law
of this STATE prescribing that insurance companies
should comply with certain regulations before they
should be allowed to transact business here makes any
distinction the II does not make them cor
poraton OF this state confer any special privileges
OF course the locality Gf such term can
be applied to ~ OF q corporation must
be determined measure by the same tests as the
residence OF natural persons Where the principal part
OF its business is done Is its locality. II may have
essary buildings and employees in other places such
the defendants in the or the Brooklyn Ferry
Company tho Norwich and New York. transportation
Company tsupreme Court-Gcneral Term, Second Dis
trct but that does not change Its location so FAR as
citizenship under the United States Judiciary act Is
cerned do not understand that the Supreme Court OF
the United any decisions made by them, have
held that the allegations in petition removal Of
be considered conclasive other wise it
Tic affidavit Of the attorney for plaintiff in this
that the defendants have their agencies docks
warehouses and everything necessary TO the on
said business established in the city OF New York,
that the OF action in this was for chattcs
destroyed in their warehouse in this city 1t also shows
that the general agent of the defendants, appointed
der the the law of this State requiring tho
appointment OF persons by foreign corporations doing
business in this State upon whom process from the
Of this State against them could bo served agreed
to admit Of process. The very appointment OF
agent for such purpose In orde. to obtain tho
privilege ransactng business in this state. and the
by such agent accept service Of s
virtually admission OF citizenship In this state for tho
purposes or such action The object Of the provision OF
the giving tho federal courts jurisdiction
suits between ciiizens Cf different States was TO
secure impar,iahty in the administration Of justice
corporation which may have aliens and citizens Of all the
Satos among its corporators, and which agrees, In
order TO acquire the right OF doing business In
another State than that from where It was chartered TO
appoint agent whom process issuing out OF the
OF that State be served may be faNiy pre-
suued the parality with which the courts
OF will administer justice TO it, and Is
topped from setting up czepshp, rather its location
or place OF business, elsewhere The petition simply
that the prncpal Office Of the business Of the de-
PENDANTS Ia in the State OF Connecticut its stockholders
directors meet and its records kept and its govern
ing power orders, there All this may be, and
yet the public knowledge OF the exercise Of
such functions there The papablo visible, practical
conducting OF its daily business in the city Of New York
Is better proof Of It's real residence f such term may
| be proper.
lhe motion must be denied, with costs.