Page:Federal Reporter, 1st Series, Volume 4.djvu/271

 aiAfiESOK V. UANElOW. Ml �Claseson and others r. Mansok. {Cirouit Court, 3- D. STeu TmJt. Novembcr 15, tt80.) �1. KbMOTAL— COXJNTBR CtAIM— AmOTJNT IN DlBPtWB— ACT Oï 1878, } 2.— �Where the issue raised by a counter claim and reply exceeds tho amount of $500, the matter in dispute exceeds the gum of $500, witliln the meaning of section 2 of the act of 1875, relating to the removal of causes, although the ori^^nal action was brougbt for à less sum thaa �eeoo. �Motion to Eemand. �Ira D. Warren and John Bassett, Jr., for the motion. �D. M. Porter and George H. Kracht, opposed, �Blatchfoed, C. J. The plaintiffs brought this suit against the defendant in the marine court of the city of New York to recover the sum of $195, as the balance unpaid on a sale of the fixtures of a store and bake-house. The answer put in in the state court sets up that the plaintiffs, with intent to de- fraud, falsely represented to the defendant that the bake- house was a profitable business place, and that ohe Ott, a former proprietor of it, had done a profitable business at it, and thus induced the defendant to hire the store; that the plaintiffs also represented that they owned the store and the bakery fixtures in it, aûd offered to sell them to him; that be, to secure for one day the right to purchase them, paid to plaintiffs five dollars as a deposit, on the agreement that if he was not satisfied with the fixtures the five dollars Bhould be forfeited; that the defendant, not being satisfied with the store and fixtures, immediately notified the plaintiffs thereof ; that the place had never been a profitable business place for a bakery; that Ott closed it because he could not make it pay the expense of keeping it; that the fixtures were mortgaged and were owned by Ott, and not by the plaintiffs; that the plaintiffs knew this; that the defendant, relying on eaid representations and believing them to be true, rented the store and f umished it with new fixtures, and made repairs in it, and fitted it np at great expense, and hired help to con- duct the business of the bakery; and that he bas not realized �v.4,no.4— 17 ����