Cramer v. Singer Mfg. Co.
Decision Date | 27 November 1893 |
Citation | 59 F. 74 |
Court | U.S. District Court — Northern District of California |
Parties | CRAMER v. SINGER MANUF'G CO. et al. |
John L. Boone, for plaintiff.
Wheaton, Kalloch & Kierce, for defendants.
This is a complaint for an infringement of a patent. The defendant is alleged to be a corporation created under the laws of New Jersey, but having a branch establishment in San Francisco. The defendant company demurs for want of jurisdiction, in this: that jurisdiction of the case in this court is on account of subject-matter, not residence of parties, and the defendant therefore not liable to be sued outside of New Jersey. The demurrer of Fry was on the ground of misjoinder, in this: he is joined with the Singer Manufacturing Company, and over the latter this court has no jurisdiction. The first section of the act of 1888 provides:
See, also, to the same effect, Southern Pac. Co. v. Denton, 146 U.S. 202, 13 S.Ct. 44; also Adriance Platt & Co. v. McCormick, etc., Mach. Co., 55 F. 288. In Empire Coal & Transp. Co. v. Empire Coal & Min. Co., 14 S.Ct. 66, filed in the supreme court on the 6th of this month, the doctrine is again affirmed that a corporation is a citizen of the state in which it was incorporated.
The demurrer of the Singer Manufacturing Company is sustained: that of Fry is overruled.
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