Page:Federal Reporter, 1st Series, Volume 8.djvu/389

 XOWN OF IrYQNS V. LYQNS NAT. BANK. 375 �the complaint that the plaintiff purcliased or obtained said coupons before they became due, or acquired them by discounting the same, or by discount- ing and negotiating the same, or in any of the waya or under any of the pro- visions prescribed in said act as the only manner or authority for it to deal in or become the owner of said coupons, or to be entitled to sue thereon. �1. The complaint shows the jurisdietion of the court over the suh- ject-matter of the action, by showing that the plaintifE is a bank- ing association organized under the act of June 3, 1864, and located and doing business at Lyons, in the northern district of New York. Jurisdietion is. given by section 563 of the Revised Statutes to the district court held for the district within which the association is established of all suits by it. The complaint shows that the defend- ant is a corporation organized under the law of New York, and that it is in said district. It is not necessary that the complaint should allege the issuing, filing, or service of any writ, process, or summons. The defendant appeared generally by interposing a demurrer, and thus jurisdietion of it personally was obtained. Its remedy for any want of procesa or of its service was by a special motion before appearance, or demurrer. �2. The act of the legislature of New York of May, 1869, (Laws 1869, «. 907, p. 2305, § 4,) provides that the bonds— �" Shall become due and payable at the expiration of 30 years from their date, • and shall bear iutefest at the rate of 7 per cent, per annum, payable semi-an- nually, and that the bonds shall bear interest warrants corresponding in number and amounts with the several payments of interest to become due thereon." . �The complaint sets forth one of the bonds. It bears date May 17, 1872, and is made payable "on the first day of April, in theyear 1892, with interest from the seventeenth day of May, 1872, at the rate of 7 per cent, per annum, payable semi-annually on the first days of April and October of each year, on the presentation and delivery of the proper interest warrants." The complaint alleges that the bonds were executed "on or about" the seventeenth day of May, 1872, with ihe coupons sued on annexed to them, and that the said coupons were for a valuable consideration transferred to the plaintiff, who is now the holder and owner thereof. The point made in the cause of de- murrer assigned is that the first day fixed for the payment of interest, October 1, 1872, is not a day six months from May 17, 1872, and that as each day assigned thereafter is six months in succession from Oc- tober 1, 1872, the interest is not made payable semi-annually from ihe date of the bond. But the complaint does not show what interest ��� �