Page:Federal Reporter, 1st Series, Volume 7.djvu/294

 282 FEDERAL REPORTER. �February 19, 1870, by Francis W. J. Hurst, who makes oath "that he is the sole managing agent, in the United States, of the defendants." The suit brought by Miller was tried at special term, September 1, 1873, and an order made in it that day states that the action was "brought on for trial," at a spe- cial term of the court, "upon the pleadings and proofs," and that, on hearing counsel, "on a motion to dismiss the com- plaint," it is ordered that the complaint "be dismissed, with costs to the defendant." The judgment thereon was entered Gctober 20, 1873, and states that the action came on in its regular ordeir on the calendar on December 12, 1870; that after hearing counsel it was ordered that the complaint be dismissed, with costs to the defendant; and that the defend- ant have judgment against the plaintifif for $200.84, costs and disbursements. The plaintiff appealed to the general term, and the judgment was by it affirmed on the seventh of May, 1875. The case is reported in e Hun, 654. It is there stated, and it also so appears by the bill of exceptions taken at the trial, that at the trial the plaintiff amended his com- plaint by striking out such matters as might be inconsistent with such amendment, and by inserting instead thereof alle- gations that the Steam-ship Company and the Navigation Company were separate and distinct corporations, and that the former accepted the latter's property with distinct agree- ment to pay the latter's debts ; that the answer was then so amended as to deny those allegations generally; that the plaintifif put in evidence the judgment-roll of the judgment, and proved the issuing of the execution and its return unsat- isfied, and then gave evidence tending to show — �That the defendant iu the action was incorporated July 1, 1867, by the name of "The Steam-ship Company, limited;" that on the eighth of August, 1867, its name was changea to " The National Steam-ship Com- pany, limited;" that the Navigation Company, preparatory to a dissolu- tion of that corporation, transferred all its property to two liquidators, under the provisions of the companies' act, 1862; that said liquidators transferred all of said property to the Steam-ship Company on the six- teenth of August, 1867 ; that on that day the Navigation Company ceased to do business and commenced to wind up its affairs ; and that such trans- fer was made substantially upon. the agreement and condition that the Steam-ship Company should take such property subject to the rights and ��� �