This was an action brought in the supreme court of New York by Daniel W. Ford, the defendant in error, against the Provident Savings Life Assurance Company, the plaintiff in error, on a judgment recovered by one Charles Cochran against said company in the circuit court of the United States for the Northern district of Ohio, and assigned by Cochran to the plaintiff, Ford. The complaint contained, among others, the following averments, to-wit: 'That heretofore, and on or about the twelfth day of December, 1876, one Charles Cochran, then a resident of the state of Ohio, in due form of law, commenced an action in the United States circuit court for the Northern district of Ohio against the defendant in this action, praying for a judgment against said defendant for twenty thousand dollars' damages; that the defendant in said action and herein duly appeared in said action, and answered the petition or complaint of said Cochran, and after trial had of the issues thus joined, at which the defendant therein and herein duly appeared, judgment was duly directed, and subsequently, and on or about the tenth day of October, 1878, was duly entered and docketed in the office of the clerk of said United States circuit court for the said Northern district of Ohio, in favor of the said complainant, Cochran, and against the said The Provident Savings Life Assurance Society of New York, the defendant therein and herein, for the sum of three thousand three hundred five and 45-100 dollars damages and costs. * * * This plaintiff further alleges that on or about the thirtieth day of November, 1878, the said Charles Cochran, the complainant in said action, and the then lawful holder and owner of said judgment, duly assigned and transferred to this plaintiff the said judgment, together with all his rights and claims thereunder and the interest due thereon.'
The defendant, in answer to the complaint, admitted that Cochran had taken some proceedings in the circuit court of the United States for the Northern district of Ohio, praying for judgment against the defendant; but averred that there was never any personal service of process, summons, or petition upon the defendant; and denied any knowledge of the recovery of any judgment as alleged in the complaint, or that Cochran had assigned the alleged judgment to Ford.
The cause came on for trial in February, 1879, but before the trial commenced the defendant presented a petition for the removal of the cause to the circuit court of the United States for the Norther district of New York, accompanied by a bond, which was approved by the court. The petition was as follows, to-wit:
'SUPREME COURT, RENSSELAER COUNTY.
'Daniel W. Ford against The Provident Savings Life Assurance Society of New York.