National Company v. Tugman

Action by Charles H. Tugman against the National Steam-Ship Company for the conversion of freights alleged to have been wrongfully collected. From a judgment for plaintiff, defendant brings error. Affirmed.

STATEMENT BY MR. JUSTICE BROWN.

This was an action at law, originally begun in the supreme court of the state of New York, Kings county, by the plaintiff, Tugman, to recover of the National Steam-Ship Company, defendant, for the conversion of freights alleged to have been wrongfully and fraudulently collected from the consignees of certain cargoes shipped by the plaintiff upon the defendant's vessels. Upon entering its appearance, the defendant filed a petition and bond for the removal of the action to the circuit court of the United States for the eastern district of New York, upon the ground of the citizenship of the plaintiff and its own alienage. The removal was denied by the state court, the case tried, and judgment rendered in favor of the plaintiff, which was affirmed by the general term, (13 Hun, 332,) and again by the court of appeals, (76 N. Y. 207.) A writ of error was thereupon sued out from this court, and the case reversed, with $108.34 costs, upon the ground that the state court lost its jurisdiction by the petition and bond for removal. The case was remanded to the state, court, with direction to accept the bond and 'proceed no further in the cause.' 106 U.S. 118, 1 Sup. Ct. Rep. 58.

On filing the mandate of this court in the supreme court of New York, the defendant steam-ship company had its costs taxed at $1,206.33, including an extra allowance of $500 ordered by the court, and a judgment was entered in that court for this sum. A transcript having been filed in the circuit court of the United States. and the case coming on for trial, the defendant moved for a stay of proceeding until its costs were paid, and the court ordered a stay until the payment of the costs, $108.34, in this court only. 30 Fed. Rep. 802. Defendant declined to receive this amount, whereupon the stay was vacated, the case went to trial, and plaintiff recovered a verdict and judgment under the direction of the court for $7,549.59. To reverse this judgment the defendant sued out a writ of error from this court.

John Chetwood, for plaintiff in error.

Delos McCurdy, for defendant in error.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.