Petri v. Commercial National Bank

STATEMENT BY MR. JUSTICE FULLER.

The Commercial National Bauk of Chicago, a national banking association, duly organized under the laws of the United States in that behalf, and located in Illinois, brought suit, May 6, 1890, in the circuit court of the United States for the northern district of Texas, against A. C. Petri and Oswald Petri, citizens of the state of Texas, and doing business in that state under the firm name and style of A. C. Petri & Bro., to recover the amount of several drafts, held by the bank, drawn by Meyer & Sons Company, a corporation of Illinois, on the defendants and accepted by them.

The defendants demurred on the ground that the circuit court was without jurisdiction to entertain the suit, and also interposed certain defenses not drawn in question here. The demurrer was overruled, and final judgment given in favor of plaintiff for the sum of $3,328.66, with interest and costs, whereupon the defendants prosecuted a writ of error from this court to review the action of the circuit court upon the question of jurisdiction.

W. Hallett Phillips, for plaintiffs in error.

[Argument of Counsel from pages 644-647 intentionally omitted]

John Selden, for defendant in error.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.