Kolze v. Hoadley
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an appeál from a decree of the Circuit Court in favor of the -plaintiff, Charlotte E. Hoadley, a citizen of Massachusetts, • against Abraham L..
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an appeál from a decree of the Circuit Court in favor of the -plaintiff, Charlotte E. Hoadley, a citizen of Massachusetts, • against Abraham L.. Day and other defendants, among whom were Fred H. Kolze, administrator.of the estate of Frederich' Kolze, deceased; Lina Kolze, his widow;.Louisa Kolze, his daughter, and Charles E. S,tade, trustee, all citizens of Illinois, foreclosing three trust deeds given by Day to secure promissory notes in the aggregate amount of $5,400. The appeal was granted…
1Opinion of the CourtJustice Brown
The sole question presented'by the record in this case is whether this is.a suit to recover the contents of a chose in action, in favor of an assignee, which could not have been prosecuted if no assignment or transfer had been made.
By section 1 of the act of August 13, 1888, it is .provided that no Circuit nor District Court “shall have cognizance of any suit ... to recover the contents of any promissory note or chose' in action in favor of any assignee, or of any •subsequent holder, . . . unless such suit might have been prosecuted in such court to recover the said contents, if no assignment…
2Cases cited18 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Sheldon v. SillSupreme Court of the United States · 1850
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- Robertson v. CeaseSupreme Court of the United States · 1878
- Anderson v. WattSupreme Court of the United States · 1891
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3Cited by23 opinions
- Realty Holding Co. v. DonaldsonSupreme Court of the United States · 1925
- Brown v. FletcherSupreme Court of the United States · 1915
- Wilson v. Alliance Life Ins.Court of Appeals for the Fifth Circuit · 1939
- Metropolitan Life Ins. Co. v. KaneCourt of Appeals for the Seventh Circuit · 1941
- Hertzel v. WeberCourt of Appeals for the Eighth Circuit · 1922
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