BOSTON SAFE-DEPOSIT & TRUST CO. v. MACKAY et al.

BOSTON SAFE-DEPOSIT & TRUST CO. v. MACKAY et al. (Circuit Court, S. D. New York. December 20, 1895.) Removal of Causes — Divísese Citizenship. Where a citizen of one state commences an action in tlie state court of another state against three persons, two of whom are citizens of the state where tlie suit is brought, and one of whom is a citizen of a third state, such citizen of the third state may remove the case to the federal court. This was an action by tlie Boston Safe-Deposit & Trust Company against John W. Mackay, E. S. Stokes, and the United Lines Telegraph Company, commenced in a court of the state of New York. The plaintiff was a citizen and resident of the commonwealth of Massachusetts; John W. Mackay, one of the defendants, was a citizen and resident of the state of Nevada; while the two remaining defendants, E. S. Stokes and the United Lines Telegraph Company, were citizens and residents of the state of New York. The defendant Mackay filed a petition and bond for removal to the United States circuit court for the Southern district of New York, and filed a transcript of the record in that court. The plaintiff moved to remand. Wilson & Wallis, for plaintiff. William W. Cook, for defendant John W. Mackay. [MAJORITY — LACOMBE, Circuit Judge.] LACOMBE, Circuit Judge. Motion denied. Garner v. Bank, 66 Fed. 369.