(Download) "William S. Buckner, A Citizen of New York v. Finley and Van Lear" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: William S. Buckner, A Citizen of New York v. Finley and Van Lear
- Author : United States Supreme Court
- Release Date : January 01, 1829
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This is an action of assumpsit founded on a bill of exchange drawn at Baltimore, in the state of Maryland, upon Stephen Dever at New Orleans, in favour of R. L. Colt, a citizen of Maryland, who indorsed the same to the plaintiff, a citizen of New York. The action was brought in the circuit court of the United States-for the district of Maryland; and upon a case agreed, stating the above facts, the judges of that court were divided in opinion, whether they could entertain jurisdiction of the cause upon the ground insisted upon by the defendants' counsel, that the bill was to be considered as inland. The difficulty which occasioned the adjournment of the cause to this Court, is produced by the 11th section of the judiciary act of 1789, which declares, that no district or circuit court shall have 'cognizance of any suit to recover the contents of any promissory note, or other chose in action in favour 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 in cases of foreign bills of exchange.' The only question is, whether the bill on which the suit is founded, is to be considered a foreign bill of exchange? It is to be regretted that so little aid in determining this question is to be obtained from decided cases, either in England, or in the United States.