129 U.S. 677 (1889), Chapman v. Barney

Citation:129 U.S. 677, 9 S.Ct. 426, 32 L.Ed. 800
Party Name:CHAPMAN v. BARNEY.
Case Date:March 05, 1889
Court:United States Supreme Court

Page 677

129 U.S. 677 (1889)

9 S.Ct. 426, 32 L.Ed. 800

CHAPMAN

v.

BARNEY.

United States Supreme Court.

March 5, 1889

COUNSEL

Page 678

[9 S.Ct. 426] R. T. McNeal, for plaintiff in error.

OPINION

LAMAR, J.

In its original form, this was an action of assumpsit, brought in the court below by the United States Express Company, alleged to have been organized under and by virtue of the laws of the state of New York, and a citizen of that state, against Heman B. Chapman, a citizen of Illinois, to recover the sum of $14,000 in money, alleged to have been intrusted to him for delivery to a certain company at La Salle, Ill., and converted by him to his own use. At the same term of the court in which the declaration was filed, Chapman answered, setting up two defenses, viz.: (1) Non assumpsit; and (2) nul tiel corporation. On the 8th of August, 1879, upon statutory affidavit filed on behalf of the company, a writ of attachment was issued, under which writ

Page 679

the marshal of the district levied upon certain personal property and effects of the plaintiff in error. At the succeeding term of the court, upon motions made by the company for that purpose, leave was given it to file an amended declaration, and to change its action from assumpsit to trover; and the plaintiff in error was ruled to plead to the amended declaration within 10 days after service of a copy thereof upon his attorneys. In conformity with such order, at the December term, 1879, of the court, the plaintiff amended the declaration so as to make it, in lieu of the original, read as follows: 'Ashbel H. Barney, president of the United States Express Company, a joint-stock company organized under and by virtue of a law of the state of New York, and which said company is authorized by the laws of the state of New York to maintain and bring suits, in [9 S.Ct. 427] the name of its president, for or on account of any right of action accruing to said company, and a citizen of the state of New York, the plaintiff in this suit, by E. F. Bull and James W. Duncan, its attorneys, complains of Heman B. Chapman, a citizen of the state of Illinois,' etc. After the leave to amend the declaration was given, but before the amended declaration was filed, the plaintiff in error was convicted of perjury in the circuit court of La Salle county, Ill., and sentenced to imprisonment in the Joliet penitentiary for the term of seven years, under which sentence he was, on January 2, 1880, removed to said penitentiary, and there imprisoned until October, 1884. Without any proof of service of a copy of the amendment, of any order for the default of the plaintiff in error for want of plea to the amended declaration, and without any plea thereto having been filed by him, the case was called for trial, and the record shows the following proceedings to have been had: 'Said cause having been called for trial, plaintiff appeared, and defendant and his attorney failing to appear, thereupon, upon issue joined, comes a jury, [naming them,] who were sworn well and truly to try said issue, and who, after hearing the evidence, returned the following verdict: 'We, the jury,

Page 680

find the issue for the plaintiff, and assess his damages at fourteen thousand dollars;” and then follows judgment, on March 27, 1880, in usual form, on the verdict, for $14,000, and costs. On the 8th of October, 1885, plaintiff in error filed in the court below his bond for the prosecution of a writ of error to reverse said judgment, and the same was duly approved by the circuit judge. The mittimus under the sentence above referred to, the certificate of the warden...

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262 practice notes
  • 368 F.Supp.2d 621 (E.D.Tex. 2005), Civ. A. 1 04CV765, Blanchard v. Wal-Mart Stores, Texas, LP
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Texas
    • 22 February 2005
    ...the entity depends on the citizenship of 'all the members.' " Carden, 494 U.S. at 195, 110 S.Ct. 1015 (quoting Chapman v. Barney, 129 U.S. 677, 682, 9 S.Ct. 426, 32 L.Ed. 800 The United States Court of Appeals for the Fifth Circuit has declined to express an opinion as to the manner in......
  • 52 F.R.D. 348 (D. Puerto Rico 1971), C. A. 644-68, Suchem, Inc. v. Central Aguirre Sugar Co.
    • United States
    • Federal Cases United States District Courts 1st Circuit District of Puerto Rico
    • 29 March 1971
    ...454 (1937); United Steel Workers of America v. R. H. Bouligny, Inc., 382 U.S. 145, 86 S.Ct. 272, 15 L.Ed.2d 217 (1965); Chapman v. Barney, 129 U.S. 677, 9 S.Ct. 426, 32 L.Ed. 800 (1889); Hanson v. Chicago Burlington and Quincy Railroad Co. et al., 7 Cir., 282 F.2d 758 (1960); American Feder......
  • Scuotto v. Lakeland Tours, LLC, 111913 FLMDC, 3:13-cv-1393-J-34JRK
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Florida
    • 19 November 2013
    ...on other grounds, Instituto De Prevision Militar v. Merrill Lynch , 546 F.3d 1340, 1348 (11th Cir. 2008); see also Chapman v. Barney , 129 U.S. 677, 681-82 (1889); Ennis v. Flowers Baking Co. of Bradenton, LLC, No. 6:07-cv-292-Orl-31JGG, 2007 WL 1068139, at *1 (M.D. Fla. Apr. 6, 2007). Ther......
  • 715 F.Supp.2d 542 (S.D.N.Y. 2010), 10 Civ 2491(DLC), Quantlab Financial, LLC, Quantlab Technologies Ltd. (BVI) v. Tower Research Capital, LLC
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • 28 May 2010
    ..." of the entity. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990) (quoting Chapman v. Barney, 129 U.S. 677, 682, 9 S.Ct. 426, 32 L.Ed. 800 (1889)). QLF's citizenship depends on the citizenship of its sole member, Quantlab Holdings, LLC, and, in tur......
  • Free signup to view additional results
257 cases
  • 368 F.Supp.2d 621 (E.D.Tex. 2005), Civ. A. 1 04CV765, Blanchard v. Wal-Mart Stores, Texas, LP
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Texas
    • 22 February 2005
    ...the entity depends on the citizenship of 'all the members.' " Carden, 494 U.S. at 195, 110 S.Ct. 1015 (quoting Chapman v. Barney, 129 U.S. 677, 682, 9 S.Ct. 426, 32 L.Ed. 800 The United States Court of Appeals for the Fifth Circuit has declined to express an opinion as to the manner in......
  • 52 F.R.D. 348 (D. Puerto Rico 1971), C. A. 644-68, Suchem, Inc. v. Central Aguirre Sugar Co.
    • United States
    • Federal Cases United States District Courts 1st Circuit District of Puerto Rico
    • 29 March 1971
    ...454 (1937); United Steel Workers of America v. R. H. Bouligny, Inc., 382 U.S. 145, 86 S.Ct. 272, 15 L.Ed.2d 217 (1965); Chapman v. Barney, 129 U.S. 677, 9 S.Ct. 426, 32 L.Ed. 800 (1889); Hanson v. Chicago Burlington and Quincy Railroad Co. et al., 7 Cir., 282 F.2d 758 (1960); American Feder......
  • Scuotto v. Lakeland Tours, LLC, 111913 FLMDC, 3:13-cv-1393-J-34JRK
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Florida
    • 19 November 2013
    ...on other grounds, Instituto De Prevision Militar v. Merrill Lynch , 546 F.3d 1340, 1348 (11th Cir. 2008); see also Chapman v. Barney , 129 U.S. 677, 681-82 (1889); Ennis v. Flowers Baking Co. of Bradenton, LLC, No. 6:07-cv-292-Orl-31JGG, 2007 WL 1068139, at *1 (M.D. Fla. Apr. 6, 2007). Ther......
  • 715 F.Supp.2d 542 (S.D.N.Y. 2010), 10 Civ 2491(DLC), Quantlab Financial, LLC, Quantlab Technologies Ltd. (BVI) v. Tower Research Capital, LLC
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • 28 May 2010
    ..." of the entity. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990) (quoting Chapman v. Barney, 129 U.S. 677, 682, 9 S.Ct. 426, 32 L.Ed. 800 (1889)). QLF's citizenship depends on the citizenship of its sole member, Quantlab Holdings, LLC, and, in tur......
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3 firm's commentaries
2 books & journal articles
  • Where do I fit in? Citizenship claims and the s. 1332 diversity statute in Underwriters at Lloyd's v. Osting-Schwinn.
    • United States
    • Defense Counsel Journal Vol. 79 Nbr. 1, January 2012
    • 1 January 2012
    ...(1990); United Steelworkers of America, AFL-CIO v. R. H. Bouligny, Inc., 382 U.S. 145, 149-51, 86 S. Ct. 272, (1965); Chapman v. Barney, 129 U.S. 677, 9 S. Ct. 426, (1889). I cannot yield to the temptation to find this case not controlled by earlier Supreme Court precedent." (114) Judg......
  • Assessing CAFA's stated jurisdictional policy.
    • United States
    • University of Pennsylvania Law Review Vol. 156 Nbr. 6, June 2008
    • 1 June 2008
    ...(requiring that class counsel "fairly and adequately represent the interests of the class"). (54) See, e.g., Chapman v. Barney, 129 U.S. 677, 682 (1889) (holding that citizenship of "mere partnership" must be determined by the citizenship of its members). (55) See United......