KERIGAN v. MASSACHUSETTS BONDING & INSURANCE CO.

No. 340.

74 F.Supp. 820 (1947)

KERIGAN v. MASSACHUSETTS BONDING & INSURANCE CO.

District Court, W. D. Missouri, Central Division.

October 28, 1947.


Attorney(s) appearing for the Case

C. W. Prince, of Kansas City, Mo., for plaintiff.

Madden, Freeman, Madden & Burke and Wm. K. Atwood, all of Kansas City, Mo., for defendant.


REEVES, District Judge.

This case was removed by the defendant on the ground that the plaintiff was not the real party in interest and although a resident of the same state with the defendant yet he was debarred the right to bring suit because, (a) the claim being one in tort, was fraudulently assigned to him to defeat the jurisdiction of the federal court, and (b) that the claim was of such a personal nature as not to be assignable under the law.

1. The claim...

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