Barling v. Bank of British North America

Citations

• 50 F. 260
• 1 C.C.A. 510
• 1892 U.S. App. LEXIS 1240

Syllabus

<p>1. State Legislation — Suits in National Counts.</p> <p>The act of the California legislature of April 1, 1876, entitled “An act concerning corporations and persons engaged in the business of banking,” does not prohibit such corporations or persons from maintaining actions in the national courts, nor has the legislature the power so to do; nor does the act apply to business done by a foreign corporation without the state.</p> <p>2. Note Payableito Bearer</p> <p>A note made by a California corporation payable to itself and indorsed in blank, and delivered to another, is a note payable to bearer; and a foreign corporation, which subsequently becomes the holder thereof, may maintain an action thereon in the national court, sitting in California, against a citizen thereof, and may also maintain such action against such citizen who is a stockholder in such corporation, on the ground of his statutory liability for the debts of the corporation, even if said note is payable to order.</p> <p>8. Jurisdiction.</p> <p>A party against whom a judgment is rendered in a district or circuit court may take the case to the supreme court directly on the question of jurisdiction, if the same is at issue, or to the circuit court of appeals on the whole case, and the court of appeals may, if it sees proper, certify any question arising therein to the supreme court,</p> <p>(Syllabus by the Cowt.)</p>