Patterson v. Bucknall S.S. Lines
| Decision Date | 01 April 1913 |
| Citation | 203 F. 1021 |
| Parties | PATTERSON v. BUCKNALL S.S. LINES, Limited. |
| Court | U.S. District Court — Southern District of New York |
At Law. Action by Edward H. Patterson against The Bucknall Steamship Lines, Limited. Plaintiff sued as assignee of ten separate causes of action, the assignors in some instances being citizens of the United States, and in others aliens, and defendant was an alien corporation. On motion to remand. Denied.
Hunt, Hill & Betts, of New York City, for plaintiff.
Convers & Kirlin, of New York City (John M. Woolsey, of counsel, of New York City), for defendant.
If sued in a state court by the citizen assignor of any of these causes of action, this alien defendant would have the right to remove the cause to a federal court. It cannot be deprived of that right because the assignee of such causes of action has joined it with other nonremovable causes of action in a similar suit. The motion to remand is therefore denied. Plaintiff has no ground to complain that this disposition of the cause leaves the nonremovable causes of action here for trial. His own conduct in unnecessarily uniting them all in one suit has brought the situation about.
Motion to remand is denied.
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...F. 47. Separable causes of action remain separable, although assigned to one plaintiff, when viewed on a motion to remove (Patterson v. Bucknall [D. C.] 203 F. 1021), same is true in a suit on individual note as to one defendant who is also sued on a joint note with another defendant ( Old ......
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