UNITED STATES SUPREME COURT DECISIONS ON-LINE

By the eleventh section of the Judiciary Act, 1 Stat. 78, no action can be brought in the federal courts upon a promissory note or other chose in action by an assignee unless the action could have been maintained if there had been no assignment. But an endorsee may sue his own immediate endorser.

Hence, where an action was brought by an endorsee upon checks which had been endorsed from one person to another in the same state, and some of the counts of the declaration traced the title through these endorsements, no recovery could have been had upon those counts.

But the declaration also contained the common money counts, and upon the trial these were the only counts which remained, all the rest having been stricken out. The suit against the maker and also against all the endorsers except one had been discontinued.

The statute of the state where the trial took place authorized a suit upon such an instrument as if it were a joint and several contract.

The dismissal of the suit against all the endorsers except one, and the striking out of all the counts against him except the common money counts, freed the judgment against him from all objection, and therefore when brought up for review upon a writ of error, it must be affirmed. clubjuris

Page 54 U. S. 184

The facts are stated in the opinion of the Court. clubjuris

Page 54 U. S. 186