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Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919)
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Brainerd, Shaler & Hall Quarry Co. v. Brice No. 431 Submitted March 17, 1919 Decided June 2, 1919 250 U.S. 229
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
The allegations of the complaint determine the character of an action for the purpose of testing the jurisdiction of the district court to entertain it. P. 231.
The life tenant of a fund, to secure the remaindermen, executed, with surety, a bond running to them, their executors, administrators, and assigns and conditioned for the preservation of the fund by him and payment to them upon his death. One of them assigned part of his remainder interest to a third person, who, after the death of the life tenant, brought an action on the bond against the life tenant’s executor and the surety jointly, to recover in the amount of the assigned remainder interest. Held that the assignment of the remainder interest carried with it pro tanto the obligation of the bond, and that the action was one prosecuted by an assignee to recover on a chose in action. not cognizable by the district court, where the assignor and the defendants were citizens of the same state. Jud.Code, § 24. P. 233. Brown v. Fletcher, 235 U.S. 589, distinguished.
Affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919) in 250 U.S. 229 250 U.S. 230. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QKICYH14K79SFPI.
MLA: U.S. Supreme Court. "Syllabus." Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919), in 250 U.S. 229, page 250 U.S. 230. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QKICYH14K79SFPI.
Harvard: U.S. Supreme Court, 'Syllabus' in Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919). cited in 1919, 250 U.S. 229, pp.250 U.S. 230. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QKICYH14K79SFPI.
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