Ferguson v. Consolidated Rubber Tire Co.

NOYES, Circuit Judge.

The plaintiff’s assignor is an alien. The defendant is a citizen. The Circuit Court of the United States had jurisdiction of a controversy between them. The venue of the action would have been primarily the district of which the defendant was an inhabitant, the district of New Jersey; butj the jurisdiction existing in the Circuit Court, the venue provision might have been waived if the defendant had been sued by the alien here. Consequently I think it may be said that the suit might have been prosecuted in this court if no assignment had been made. Therefore, while the…