Page:Federal Reporter, 1st Series, Volume 2.djvu/466

 WILSON V. ATLANTIC & ST. liAWKENOB B. 00. 459 �bave been fraudulently affected by the mutual action of both parties. �The act of 1S73 having authorized an assignee of commer- cial paper, who is a citizen of a state other than that of the defendant, to maintain a suit upon such paper in the circuit court, and the rule which was stated by Judge Story in 5 Mason, (Thatcher v. Winslow,) having been repudiated, and it being now well settled that at common law an action may be sustained upon a negotiable promissory note, indorsed in blank in the name of any party authorizing it, although he may have no interest in the note, and the citizenship of the parties having been duly averred in the action of Sionderland v. Baker, in the circuit court, and upon the face of the writ, that court having jurisdiction which was not in any way contro- verted, the judgment rendered in such cause was valid and con- clusive upon the defendant thereon" and the complainant as his assignee, so far as the citizenship of Sunderland was in- volved. This view of the case renders unnecessary any inquiry whether Sunderland was or not a necessary party to this pro- ceeding, if otherwise it might be sustained. �Bill dismissed, with costs. ���WiLSON, Assignee, etc., v. The Atlantio & St. Lawbbnob Eailroad Ce. �{Diitriet Court, D. Maine. February, 1880.) �Bankruptct— Cobporatb Stock— Failurb of Assignee to Beouiib Cbbtificatbb— Action Against Oorpoeation. — A person at the time of his being adjudged a bankrupt was the owner of a share of stock in a corporation. Subsequently he fled from the jurisdiction, taking the certificate with him, and the assignee in hankruptcy had good reason to believe that it was at ail times thereafter beyond the jurisdiction. He de- manded a transfer of the same on the books of the corporation, and the issuance of a new certificate, tendering a sufflcient bond of indemnity, They refused to comply. Hdd, that the refusai was without justifica- tion, and the assignee had an appropriate remedy by bill in equity against the corporation. �In Bankruptcy. ����