New Orleans v. Quinlan, 173 U.S. 191 (1899)

New Orleans v. Quinlan

No. 848

Submitted December 19, 1898
Decided February 27, 1899
173 U.S. 191

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

The Circuit Court of the United States for the Eastern District of Louisiana has jurisdiction of a suit brought in it by a citizen of New York to recover from the City of New Orleans on a number of certificates, payable to bearer, made by the city, although the petition contains no averment that the suit could have been maintained by the assignors of the claims or certificates sued upon.

Newgass v. New Orleans, 33 F. 196, approved in holding that

A circuit court shall have no jurisdiction for the recovery of the contents of promissory notes or other choses in action brought in favor of assignees or transferees except over (1) suits upon foreign bills of exchange, (2) suits that might have been prosecuted in such court to recover the said contents, if no assignment or transfer had been made, (3) suits upon choses in action payable to bearer, and made by a corporation.

The case is stated in the opinion.