...between a citizen of the State where the suit is brought and a citizen of another Slate, and excepts " I E 0 T ̧V 1 ^@ z0 X8E? c < I "̮ Q KJ chosen action in favor of an assignee, unless the suit might have been prosecuted in such court to...

...clause In the eleventh section of the judiciary act, which denied to any circuit or district court "cognizance of any suit to recover the contents of...promissory note, or other chose in action. In favor of tin assignee, unless a suit might have been prosecuted In such court to recover the sa'd contents if...

...here), that no circuit court shall "have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose In action in favor of any assignee, or of any subsequent bolder If such Instrument be payable to bearer and be not made by...

...court of the united States shall "have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose In action In favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by...

...a circuit or district court of the United States "any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder, if such instrument be payable to bearer and be not made...

...foreign bills of exchange." In the prior statute, the thing out of which the exception is carved is a " suit to recover the contents of any promissory note or other chose in action." In the new statute, the thing out of which the exception is carved is "a suit founded on contract." In...

...the judiciary act, which defines the jurisdiction of the circuit courts, restrains them from taking 'cognizance of any suit to recover the contents of any promissory note, or other chose hi action, In favor of an assignee, unless a suit might have been prosecuted in such court to recover...

...the eleventh section of the judiciary act to support that proposition. By that section it is provided that no district or circuit court shall have cognizance...other chose in action in favor of an assignee, unless such suit might have been prosecuted in such court to recover the said contents, if no assignment had...

...been made. By section 1 of the act of August 13, 1888, it is provided that no Circuit nor District Court "shall have cognizance of any suit ... to recover the contents of any promissory note or chose in action in favor of any assignee, or of any •subsequent holder, . . . unless such suit might...

...clause is not applicable, either in its letter or spirit, to this case. The suit [0] is not brought to recover the contents of any promissory note or other chose in action. In the first place the declaration states expressly that the writing in question never was the promissory...