Page:Federal Reporter, 1st Series, Volume 5.djvu/585

 HBATH ». GBISWOLD. 5T8 �States. Seeing that no further injuiy can be inflicted, ezcept a delay, and that delay would foUow, no matter whieh way we decide, we have concluded to adopt the ruling of the supreme court of the state, and will instruct you that no recovery can be had in this action. Tour verdict, therefore, gentlemen, will be for the defendant. It is more a question of law thau a question of f aot. " Wblees, D. J., concurred. ���Hbath V. Griswold. (Oirewit Court, D. Vermont. January 18, 1881.) �L JlTEISDICTIOK OF FeDEBAL CoUETS — RepOBTS of BBPKREBfl. �The federal courts bave power to tiy questions submitted by and render judgments upon the reports of referees. S. Peomissoky Note— Place of Contbact — Ububt. �A promissory note made and payable in New York, but delivered and discounted in Massachusetts, ia subject to the law of the latter state in relation to usury. S. CosTB— Statdtb of Massachusetts — Foreign Fokum. �The provision of the statute of Massachusetts, allowing the de- fendant costs in an action upon a usurious contract, relates to the forum, and cannot be applied to a Massachusetts contract in another forum. 4. Tbanbfer of Stock— Convebsion. �The transfer of stock, held as collateral security, in order to avoid liability as a stockholder, does not constitute a conversion where the original holder took the certiflcates under his right, with a power of attomey, to transfer such stock at will. �t. BAME — DlSCHABGE OF StTEETY. �Such transfer would not discharge a surety, in whole or in part, where it was not shown that there was in reality any liability what- ever resting upon sûch stockholder. — [Ed. �Assumpsit. �Whbelee, D. J. This cause was referred by consent of parties given by counsel in open court, and has now been heard upon questions submitted by the report of the referee. Some doubts have arisen as to whether the courts of the United States have power to try questions submitted by, and ����