Quinlan v. City of New Orleans
U.S. Circuit Court for the District of Eastern Louisiana
This was a suit brought by Mary Quinlan against the city of blew Orleans to recover on certain certificates of indebtedness, executed and issued by the city of New Orleans, and made payable to bearer.
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This was a suit brought by Mary Quinlan against the city of blew Orleans to recover on certain certificates of indebtedness, executed and issued by the city of New Orleans, and made payable to bearer. The city of New Orleans excepted to the jurisdiction of the court, on the ground that “plainHit’s petition contains no averment that this suit could have been maintained by the assignors of the claims or certificates sued upon by Mary Quinlan, and which form the basis of this action.” On the argument of the exception, the counsel for the city of New Orleans contended that the plaintiff should…
1Opinion of the CourtPARLANGrE, District Judge
(after stating the facts as above). In the leading case of Newgass v. City of New Orleans, 33 Fed. 196, Judge Billings — the circuit judge concurring — held that the proper construction of the first section of the act of congress of March 3, 1887, relative to suits brought by assignees of promissory notes and choses in action, is:
“That the circuit court shall have no jurisdiction [of such suits], * * * except oyer — First, suits upon foreign bills of exchange; second, suits that might have been prosecuted in such court, to recover the said contents, if no assignment or transfer had been made;…
2Cases cited8 opinions
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Wilson v. Knox CountyU.S. Circuit Court for the District of Eastern Missouri · 1890
- Thompson v. Searcy CountyCourt of Appeals for the Eighth Circuit · 1893
- Newgass v. City of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1888
- Rollins v. Chaffee CountyU.S. Circuit Court for the District of Colorado · 1888
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3Cited by2 opinions
- State Nat. Bank of Denison v. Eureka Springs Water Co.U.S. Circuit Court for the District of Western Arkansas · 1909
- New Orleans Commercial Corp. v. City of AlbertvilleDistrict Court, N.D. Alabama · 1940