Page:Federal Reporter, 1st Series, Volume 1.djvu/700

 C93 FEDBEAIi REPORTER. �Sewîng Machine Co. v. Wilson, S Law Eeports, (appeal cases,) 876, that no more is deemed necessary than a reference to these cases. �A preliminary injunction as prayed for will be granted. �An injunction was subsequently issued restraining respond- ent, until the further order of the court, from seiling cigai- ettes or smoking tobacco in any form bearing the trade-mark "Lone Jack." �WoxB. — bee 8awyer v. Horn, ante, 2i. ���JoHNSTON, Eeceiver, etc., v. Eob and others. �{Oircuit Comt, E. D. Missouri. Aprll 9, 1880.) �BQtnTABLB JtTRISDICTIOIf OF PBDBRAI, COURTS — StATUTB OP LlMlTl^ �TI0N8. — A federal court will assume equitable jurisdiction of a suit by s receiver of a bank against Ihe estate of a decedent for the recovery of • debt alleged to have been fraudulently concealed, although the claim la barred by the statute of limitations of the state in which such court has territorial jurisdiction. �In Equity. Demurrer to bill. �John B. Henderson and Patrick e Frank, for complainant. �Glover e Shepley, for respondents. �McCeaey, J. The claim sued on originated in the execu- tion of two promissory notes by John J. Eoe, one dated Feb- ruary 28, 1867, for $65,000, and the other dated March 4, 1867, for $35,000, payable on call and to himself. The fraud and breach of trust charged against said John J. Eoe as a director of the National Bank of the State of Missouri, is alleged as having been committed on the fourteenth day of April, 1868, and consisted, as the bill avers, in certain entries upon the books of said bank made by said Eoe, -who •was one of the directors, in collusion with the other direetors of the bank. It is averred that said notes, and other similar notes given by other directors, had been discounted by the bank and were held by it as part of the assets, and that on the date last named entries were fraudulently made upoo ��� �