Page:Federal Reporter, 1st Series, Volume 7.djvu/297

 GBAT ». NATIONAL STEAM-SHIP 00. 285 �Bnpreme court of New York, by the service of a summons and a copy of a complaint, on the twenty-fourth of February, 1877. On the petition of the defendant the suit was removed into this court, an order of removal having been filed in the state court September 10, 1877. The record, on removal, was aled in this court October 16, 1877. Pursuant to an order of this court, made June 11, 1878, the plaintiff filed in this court a bill in equity herein. The MU sets forth — �The agreement ot August 16, 1867; the recovery of the judgment for $3,289.05; the various assignments of it; and the issuing of the execution and its return unsatisfied on the twenty-fifth of August, 1868. It avera that thereafter the Navigation Company transferred certain property be- jonging to it to the Steamship Company, in fraud of the right of the plaintifE to have said judgment paid; that the Navigation Company, when the cause of action on which the judgment waa ohtained accrued, and when the judgment was recovered, and when the execution was issued and returned, owned the said eight steam-ships, and had not, at those times, made any change of ownership or sale whatever thereof, iiy bill of sale, according to the laws of Great Britain, and had not otherwise thea piade any lawful change in the ownership or sale of any of them; that the Navigation Company, from on or about August 16, 1867, was engaged in winding up linder the companies' act of 1862; that its winding up was terminated July 12, 1870; that the dismissal of the complaint in the suit by Miller was without flnding any facts or conclusions of law; that the order of discontinuance was entered therein; that the defendant in this suit is a corporation existing under the companies' act of 1862; that the general manager, the secretary, and treasurer, the ehairman of the board of directors, and the same individuals as directors of the Navigation Com- pany, became, on the formation of the defendant, the offlcers and the identical officiais of it; that it has not paid said judgment; has kept pos- session of said property in fraud of the plaintiffi's right to have said judg- ment paid pursuant to the provisions of said agreement, and otherwise in disregard of the plaintiii's rights; that the Navigation Company has no property but that embraced in said transfer thereof by it to the defend- ant; and that unless said property and the proceeds thereof can be reached and applied to the payment of said judgment, it will remain unpaid. The bill prays for a sale of bo much of said property as may be necessary to pay said judgment, and for such further or different relief os may be meet. �The answer sets up — �That on the sixteenth of August, lp67, the Navigation Company sold and delivered to the defendant all its property, for a f ull consideration paid by the defendant, and that at that time the defendant became the owner of all said property, including said eight steam-ships, and has ever since owned them, but has rebuilt the Fennsylvania and two of the others, and ��� �