it so treats it. But I think the defendants must be held to such answer, and that, while they are entitled to all that legitimately flows from it, they are not entitled now to amend it. No sufficient reason is shown for allowing it to be amended, and the motion to amend it must be denied, and an order be entered to carry into effect the foregoing decil:iion.
V. WINDSOR MANUF'a
Co. and another.
(Cirouit Court, D. Vermont. June 21, 1881.)
REMOVAL OF CAUSE-GROUNDS FOR REMAND.
Where there is no allegation as to the citizenship of the orators otheT than the description contained in their original bill, the cause will be remallded.as there is nothing to sustain the jurisdiction of the circuit court.
Aldace F. Walker, for orators. Jesse B. Phelps, for defendants.
D. J. This cause was commenced in the state court. In the orators' bill they are described as of Castleton, in the county of Rutland, in the state of Vermont. The cause was removed into this court on petition of the defendant Lamson, in which he avers himself to be a citizen of Massachusetts, and the cause to be one which can be fully determined as between him and the orators without the presence of the other defendant, but nothing as to the citizenship of the orators. There is nothing in the case on that subjMt further than that description in the bill. That is not a sufficient averment of citizenship to sustain the jurisdiction of this court, as has been held from the earliest times. Abercrombie v. Dupuis. 1 Oranch. 848; Wood v. Wagnon, 9Craneh, 9. The orators have moved to remand for this cause, among On this ground the motion js granted, and the cause is remanded to . the s.tate court.
v. MAYOR, ETC.,
THE CITY OF RAHWAY.
853 THE CITY
WRITE, Receiver, etc., v. MAYOR and COMMON COUNCIL OF RAHWAY.
(Vircuit Oourt, D. New J erBey. August 24, 1881.)
(,lTf INDEBTEDNESS-BoARD OF FINANCE-AUTHORITY TO BORROW MONEY.
Where, under the board of finance, the treasurer of a city borrowed of a bank a certain sum of money, and the city ratified the loan made by its agent by renewing the note from time to time, and by paying thereon at different times certain amounts of money, and when the loan was originally made the treasurer pledged with the bank as collateral security, for the payment of the note given, certain bonds of the city, subsequently substituted by other bonds, payable in 10 years, and there remained due and unpaid on the loan a certain sum of money, held, that, under the laws of the state, the treasurer was. authorized under the board of finance to make the loan, and that plaintiff is entitled to recover upon said note against the city without first disposing of said collaterals.
In Assumpsit. NIXON, D. J. This suit is brought by Stephen V. White, receiver
of the Grocers' Bank of New York, against the city of Rahway, to recover the money due upon a certain promissory note for $37,000, dated December 31, 1879, payable one month after date, and signed by "B. C. Brewster, treasurer of the city of Rahway." The declaration, after setting forth the appointment of the plaintiff as receiver by the supreme· court of the state of New York, contains a count upon the note as the obligation of the city, and also the usual money counts. The only plea is the general issue, and on theredemand by the plaintiff for the defendant to specify its under, the defendant gave notice t·hat it would claim(1) That the note sued on was not the. note of the defendant; (2) that no authority was given to the city by its charter, and the laws thereunder, to execute a note in manner and form as charged in the plaintiff's declaration, and that no agent or officer or 'board of finance had authority thus to bind the defendant; (3) that by the terms of the contract the plaintiff could not hold the defendant upon the note until the bonds deposited as collateral security for its payment were sold, and then only for what remained due after the application of the proceeds of said sale to the payment of the obligation; and (4) that the note declared on was the note of the individual Brewster, and not of the defendant.
A stipulation was signed. and filed by the couDsel of the respective parties, waiving a jury on the trial of the cause, and also admitting that Abel V.Shotwell, Thomas M. Martin, and Benjamin Squire, were the duly appointed and qualified board of fiuance of the city of