Lake County Commissioners v. Dudley

Citations

• 173 U.S. 243
• 19 S. Ct. 398
• 43 L. Ed. 684
• 1899 U.S. LEXIS 1435

Syllabus

<p>The instruments sued on in this case being payable to bearer, and having been made by a corporation, are. expressly excepted by the Judiciary Act of August 13, l-gS8, c. 866, from the general rule prescribed in it that an assignee or subsequent holder óf a promissory noté or chose in action could not sue in á Circuit or District Court of the United States, unless his assignor or transferrer could-haye sued in such court.</p> <p>Prom the evidence of Dudley himself, the plaintiff below, it is clear that he does not own any of the coupons sued on, and that his name is being used with his own consent, to give jurisdiction to the Circuit Court to render judgment for persons who could not have invoked the jurisdiction of a Federal court, and the trial court, on its own motion, should have dismissed the cjise, without considering the merits.</p>