Morgan's v. Gay
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana; the case being thus : The eleventh section of the Judiciary Act, which gives jurisdiction to the Circuit Courts of suits “between a citizen of the State where the suit is brought and a citizen of another State,” enacts, nevertheless, that no Circuit Court shall “ have cognizance of any suit to recover the contents of any promissory note or other chose in action, iu favor of an assignee, unless a suit might have been…
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Error to the Circuit Court for the District of Louisiana; the case being thus : The eleventh section of the Judiciary Act, which gives jurisdiction to the Circuit Courts of suits “between a citizen of the State where the suit is brought and a citizen of another State,” enacts, nevertheless, that no Circuit Court shall “ have cognizance of any suit to recover the contents of any promissory note or other chose in action, iu favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made; except incases of foreign bills of…
1Opinion of the CourtJustice Strong
The plaintiff is an assignee of the bills within the meaning of the eleventh section of the Judiciary Act of 1789, and by tbe express provisions of the section is not entitled to maintain his action in the Circuit Court, unless a suit might have been prosecuted in such court to recover the contents of the bills if no assignment had been made. But the petition does not show that the indorsers through whom the plaintiff claims were not citizens of Louisiana at the time the suit was brought. It is true, the citizenship of the defendant is averred to have been in Louisiana, and that of the…
2Cases cited3 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Montalet v. MurraySupreme Court of the United States · 1807
- Gibson v. ChewSupreme Court of the United States · 1842
3Cited by26 opinions
- Robertson v. CeaseSupreme Court of the United States · 1878
- Cameron v. HodgesSupreme Court of the United States · 1888
- Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- Continental Insurance v. RhoadsSupreme Court of the United States · 1886
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