Page:Federal Reporter, 1st Series, Volume 7.djvu/269

 FIBST PRESBYT'n SOCIETY, ETC., V. GOODRICH TBANS. 00. 257 ���First Peesbtterun Society op Geeb^ Bat and another V. Goodrich Transportation Co. �[Uir(>uit.Court,E.D.Wi»e(m»in. May 12, 1881.) �1, Rbmoval— AoT OP Maech 3, 1875, i 2, Clattsk 2. �Insured pfoperty was destroyedby a flre alleged tohave been ooca- sioned by the negligence of the defendant. The Insurance covered only part of the value of the property, and was paid by the insurer to the owner. The owner of the property, ^ho Was a citizen of Wis- consin, and the Insurance conipany, which was a citizen of New York, joined in an action begun in the state court to recoverthe tetal loss. The defendant was a citizen ct Wisconsin, and atteibpted to remove the cause to the federal court. Held, that the case did 'not involve a controversy which, within the meaning of the second claSJae of section 2 of the removal act of 1875, was wholly b'etween citizens of different states, and which could be fully detertnined as between them without the presence of the plaintiff, who was a citizen of the same state with the defendant ; and theref ore that the case was not removable under that act. �Motion to Eemand. �Cameron, Losey dk Bunn, for motion. �Finches, Lynde e Miller, contra^ �Dyer, D. J. This is an action brought to recover damages for the loss of a church edifice and parsonage, belonging to the plaintiff society, by a fire alleged to have been negli- gently set by the defendant company's steamer Oconto while she was navigating Fox river at Green Bay. The plaintiff Insurance company was an insurer of the property, and has since paid the loss to the extent of the insurance, which was $5,000, and to the extent of such payment has become sub- rogated to the. rights of the society. The entire loss is alleged to have exceeded the amount of the insurance in the sum of abont $4,400, and the plaintiffs join to recover the total loss. The action was commenced in the state court, and removed to this court under the removal act of 1875, at the instance of the defendant. The plaintiffs move to romand, and this is the motion now to be determined. The plaintiff society and the defendant company are corporations within this state. The plaintiff insurance company is a corporation of the state �v.7,no.3 — 17 ��� �