43 F. 481 | U.S. Circuit Court for the District of Eastern Missouri | 1890
Tills case is pending in the northern division of this district, but by stipulation of counsel has been argued before us in the eastern division of the district.
The question that arises on the demurrer to the plea of the jurisdiction is whether the assignee of the warrants can maintain a suit thereon in. this court, under the judiciary act of March 3, 1887, although the original holder was incapacitated from maintaining such a suit. The clause of the act under which the question arises is as follows:
“Xor shall any circuit or district court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissory noto or other chose in action in favor of any assignee, or of any subsequent holder, if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted In such court to recover the said contents if no assignment or transfer had been made.”
The views we have expressed are also entertained in other circuits and districts. Vide Newgass v. New Orleans, 33 Fed. Rep. 196; Rollins v. Chaffee Co., 34 Fed. Rep. 91.