Legal Opinion

Tredway v. Sanger

Supreme Court of the United States

Decided April 23, 1883No. 249PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the District of California. Tredway and Kettelman, citizens of California, having made two negotiable promissory notes to McLaughlin, a citizen of that State, executed, to secure the payment of them, to him a mortgage upon lands there situate. The notes were assigned to Sanger, a citizen of Pennsylvania, who filed in the court below his bill of foreclosure against Tredway and Kettelman.

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Appeal from the Circuit Court of the United States for the District of California. Tredway and Kettelman, citizens of California, having made two negotiable promissory notes to McLaughlin, a citizen of that State, executed, to secure the payment of them, to him a mortgage upon lands there situate. The notes were assigned to Sanger, a citizen of Pennsylvania, who filed in the court below his bill of foreclosure against Tredway and Kettelman. They set up by plea that the assignment of the notes was merely colorable, in order to give that court jurisdiction. The court found that the plea was…

1Opinion of the CourtChief Justice Waite

There is but a single question presented by this appeal, to wit, whether, if a promissory note, negotiable by the law merchant, is made by a citizen of one State to a citizen of the same State, and secured by a mortgage from the maker to the payee, an indorsee of the note can, since the-act of March 3, 1875, c. 137, sue in the courts of the United States to foreclose the mortgage, and obtain a sale of the mortgaged property;

It was held in Sheldon v. Sill, 8 How. 441, that such a suit could not be maintained under the eleventh section- of the Judiciary Act of 1789, because in equity the…

2Cases cited1 opinion

  1. Sheldon v. SillSupreme Court of the United States · 1850

3Cited by3 opinions

  1. New Orleans v. BenjaminSupreme Court of the United States · 1894
  2. Mersman v. WergesSupreme Court of the United States · 1884
  3. New Orleans v. QuinlanSupreme Court of the United States · 1899

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