Paige v. Town of Rochester

Citations

• 137 F. 663
• 1905 U.S. App. LEXIS 5010

Syllabus

<p>1. Railroads—Town Aid—Subscriptions—Federal Courts—Jurisdiction.</p> <p>Where, under the terms of a town vote granting aid to a railroad company, no cause of action ever accrued to the railroad corporation, but did accrue to its receiver or the assignee of his successor who furnished funds to complete the road .under an assignment of the subscription, the fact that the corporation could not have maintained an action in the federal courts to recover such subscription because it was of the same citizenship as the town did not deprive such assignee of the right to sue in the federal courts, under Rev. St. U. S. § 629, providing that federal courts shall not have cognizance of any suit to recover a chose in action in favor of an assignee, unless a suit might have been prosecuted in such court if no assignment had been made.</p> <p>2. Same.</p> <p>Where an assignee of a chose in action is entitled to sue thereon alone in the federal courts, he and his assignees may sue there together as if no assignment had been made.</p> <p>3. Same—Receivers—Successors.</p> <p>Where the receiver of a railroad corporation completed the road, and thereby became entitled to a town subscription, the receiver’s successor was not an assignee, within Rev. St. U. S. § 629, providing that no suit shall be brought in the federal courts to recover a chose in action in favor of an assignee unless the suit might have been prosecuted in such court had no assignment been made.</p> <p>4. Same—Subscriptions—Consideration.</p> <p>A town railroad aid subscription, in consideration of contributions of others to the railroad as a public work beneficial to the inhabitants of the town and the public, was based on a sufficient consideration.</p> <p>5. Same—Contracts—Execution.</p> <p>Where a town railroad aid subscription provided that the selectmen of the town were authorized for and on its behalf to contract with the' railroad company, which contract should embody the terms and conditions of the “foregoin