Page:Federal Reporter, 1st Series, Volume 6.djvu/801

 FARGO V. L., N. A. & 0. BY. 00. 789 �Burrow, 17 How. 130. It would be a deniai of justice to require ail the shareholders to be made parties, Hichens v. Congreve, i Eussell, 562; Walworth v. Holt, i Mylne & Craig» 619 ; Riehardson v. Hastings, 7 Beav. 323, 11 Beav. 17. As to the character of joint-stock corporations. Waterbury v. Mer- citants' Union Ex. Go. 50 Barb. 168. The American Express Company, notwithstanding the residences of its shareholders, is, for the pui-pose of federal jurisdiction, a citizen of New York. Fargo v. McVicker, 56 Barb. 438-443. The bill must show that ail shareholders are citizens of other states than Indiana. Anderson v. Jackson, 2 Paine, 426; Keeley v. Harding, 5 Blatchf. 502; Wood \. Mann, 1 Sumn. 680; Birighamy. Cahot, 3 Dallas, 382; Turner y. Enville, 4 Dallas, 7 ; BobyshaU v. Oppenheimer, 4 Wash. 4^3 ; Pomeroy on Eeme- dies, etc., § 392. A circuit court is of limited jurisdiction, an4 a cause will be presumed to be without its jurisdiction unless the contrary appear from the record. Turner v. Bank of North America, 4 Dali. 11. �Gbesham, D. J. This is a suit in equity brought by Will- iam G. Fargo, a citizen of the state of New York, individually, and as president of the American Express Company, against the Louisville, New Albany & Chicago Eailway Company for an injunction and other relief. The grounds of jurisdic-. tion assigned in the bill aire — (1) That the right of the American Express Company to sue and be sued in the name of its president is a franchise conferred upon it by thg legis- lature of New York, which, by comity, follows it into other states where it is permitted to do business; also, that the president is a natural person.and a citizen of the state of New York, and the defendant is a citizen of the state of In- diana. (2) That if it be held that the complainant, as such president, is not entitled to maintain the suit under the laws of New York, then he brings the suit, not only in his own name and behalf individually as a shareholder in the Com- pany, but also in behalf of such of the other numerous share- holders not citizens of the state of Indiana as shall corne in and be made parties to the suit, and share in the expense thereof. ��� �