Page:Federal Reporter, 1st Series, Volume 3.djvu/624

 rOBTBB V. CITÏ OF JANESVIIiLE. 817 �Portee v. The City op Janesville. {Circuit Court, W. D. Wiseonsih.', 1S80.) �1. CiECUiT Courts — Jurisdiction — AssiaNEB op Municipai^ Bond — �AcT OP Makch 3, 1875, c. 137, } 1.— The circuit courts of the United States have jurisdiction, under section 1, c. 137, of the acl of March 3i 1875, over a suit brought by the assignee of a municipal bond, where such bond is in form a simple aclinowledgment of indobtedness, and an unconditional promise to paya certain sum of monçy at a time certain. �2. NegotiabTjE Instruments — "Bearer" or "Order." — The words �" bearer ". or " order " are not essential to the negotiability of a prom- issory note. �Demurrer to complaint. �Wm. Ruyor, for plaintiff. �Ed. F. Carpenter and John Winans, for defendant. �Bonn, D. J. This action is brought by the plaintiff, -vrho is a citizen of Massachusetts, against the city of Janesville, in Wisconsin, to reeover the amount of a certain bond for the sum of $1,000 and interest issued by the defendant to the Eock Eiver Valley Eailroad Company, a corporation in Wis- consin, and assignee to the plaintiff, �The following is a copy of the bond : �United States of America, �State of Wisconsin, �JanesviijLe, July 1, 1863. �$1,000, janesville scrip. No. 47. �This certifies that the city of Janesville is indebted to the Eock Eiver Valley Union Eailroad Company in the principal sum of $1,000, payable to said company or its assignees at the end of 20 years from the first day of July, 1853, with interest at the rate of 8 per cent, per annum, payable semi-annually in the city of New York, on delivery of the interest warrants hereto annexed, as they shall respectively become payable, until said principal sum is fully paid. In testimony whereof, and pursuant to a vote of the common council and citizens of the city of 'Janesville, in a city meeting ����