Page:Federal Reporter, 1st Series, Volume 7.djvu/160

 146 FBDEBAI/ BEPOBTKB. �whom process may be served in actions against it, as pro- vided in said act; and that acts done by it without such appointment are void. �But the "business" which the plaintiff is prohibited from doing in this state is that of banking, which does not, in my judgment, include the right to follow its debtor here and sue him in the courts of the state. Such an act, although strictly speaking it might beineluded in the phrase "traiisacting bus- iness in this state," is certainly not within the mischief in- tended to be prevented by the statue, and therefore I do not ihink it ought to be so construed as to prohibit it. And such was the conclusion of this cburt in the caeeof the^. W.Mut. Life Ins. Go V. Elliot, Dec 28, 18S0* - �Ample provision is otherwise made by the state for the protection of its citizena who may be invblved in such iitiga- tiori, in the provisions df its statutes requiring non*res- ident plaintiff s to give security for costs, and for all dam- ages caused by an attachinent or other provisional rieinedy before it can be allowed- �But ithe plaiutiff, if a foreign corporation at all, is a citi- zen of Massachusetts, the place of its orgaiiization' iaiid bus- inessi and is therefore entitled,under the oonstitution vOxa laws of the United Statesy to sue in this court on account of its citizenship; and this right cannot be limited or resirained bythe state. .Cowlesv.Mercer Go. 7 Wall. 121. But wbether this suit, in this respect, should now be consi'dered as one brought in this court may be a question; yet I think it should. Although commenced in the state court, it has been removed to this, and that by the act of the defendants, which itself is an assertion by them that the plaintiff may lawfully sue or be sued in this court. �Again, the plaintiff is a corporation not formed under the law of any state of the union or foreign oountry, but under a law of the United States, — the national banking act of June 3, 1864, — but located at Orange, Massachusetts. �It has beep finally eettled that a suit in a national court by or against a corporation, for the purpose of jurisdiction, is �♦5 FED. Rep. 225. ��� �