Page:Federal Reporter, 1st Series, Volume 7.djvu/292

 280 FBDEBAIi BBFOBTBB. �The Navigation Company was finally dissolved in November, 1870. �On the thirty-first of October, 1867, the plaintiff in this suit commenced an action at law in the superior court of the city of New York against the National Steam Navigation Company. The complaint in that suit alleged that the defendants in it "are" a British corporation, "and at the times hereinafter men- tioned, being such corporation, owned and sailed a line of ocean steamers between New York and Queenstown and Liverpool." The cause of action set forth was the death of the plaintiff's intestate on the twenty-fourth of October, 1867, caused by a collision on that day, in the harbor of New York, between a canal-boat on whieh he was and the steam-ship Pennsylvania, "belonging to the defendants," which occurred through tho negligence of the steam-ship, her master, and crew. The claim was for $5,000. The National Steam Navigation Com- pany, as defendant in the suit, appeared by attomey and answered the complaint. The answer admits that the defend- ants "were created" a British corporation, and that a collision took place between the Pennsylvania and certain canal- boats, and denies all the other matters stated in the com- plaint "severally and specifically." The answer was sworn to December 16, 1867, by Francis W. J. Hurst, who makes oath "that he is the only managing agent, in the United States, of the defendants." The cause was tried before a jury, May 12, 1868, and resulted in a verdict of $2,000 for the plaintiff. On this verdict a judgment was entered June 23, 1868, in favor of the plaintiff, against the National Steam Navigation Company, for $3,289.05 damages, costs, and dis- bursements. That judgment has never been reversed or paid. On the eleventh of December, 1869, the plaintiff assigned the judgment to Asa P. Miller. In January, 1870, Miller brought a suit in the supreme court of the state of New York against defendant in this suit, the National Steam-ship Company. The complaint sets forth — �The recoveiy of the judgment, the issuing of an execution on it, tho return of said execution wholly unsatisfled, and the assigament of the judgment to Miller ; that the Kavigation Company was a British corpo- ��� �