Page:Federal Reporter, 1st Series, Volume 3.djvu/385

 873 FEDERAL REFOBTEB. �Mbbsman r. Webges and another. �(Gireuit Court, D. lowa. June 23, 1880.) �1. PoKGBRT — Accommodation Note— Innocent iNDORSEr:.— The accom- �modation note of an individual partner, secured by a mortgage upon the wife's separate property, and made for the beneflt of the flrm, is utterly void in the hands of an innocent indorsee, as against the wife of the maker, where the name of the wife was forged, prior to indorse- ment, as the joint maker of Buch note, by the payee and managing partner of the firm. �2. Samb — Samk — MoBTGAQB. — The mortgage given to secure the note, �although duly executed by the husband and wife, is rendered void by such forgery. �8. JUBISDICTION — FoEECLOStTRE — ASSIGNOE AND ASSIGNEE. — In SUch caS» �a federal court could not assume jurisdiction of a suit by the assignee upon the mortgage alone, when the assignor and the mortgagor are both citizens of the same state. Sheldon v. Sell, 8 How. 441, foUowed. �In E(iuity. �Wright, Qatch d Wright, for complainant. �J. 0. Croshy and Parsons & Runnells, for respondents. �Love, D. J. This is a bill to foreclose a mortgage upon certain lands, the property of Lucy W. Werges, situated in Clayton county, lowa. The husband, Casper A. Werges, joined in the mortgage without any title to the lands, or any interest, except what the law gives him. The essential facts are as follows : �Casper A, Werges, with one E. H. Kreuger, now deeeased, was engaged in the milling business at Clayton county, lowa under the firm name of Kreuger, Werges & Co. E. H. Kreuger was the managing partner. Werges seems to have been com- mitting the business to his exclusive control. Kreuger went to St. Louis and agreed with the complainant for a loan of $6,000 to the firm of Kreuger, Werges & Co., and for their use and benefit. To secure this loan, Casper A. Werges exe- cuted his note, payable to the order of Kreuger, his partner. The mortgage in question was also executed and delivered, with the note, to Kreuger. Kreuger, while the note was m ����