Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-07-25
Circuit Court-Massachu setts District.


Seiden r. White Us. Vermont and Massocbu.
sets r. r. Co. This is an action of debt unon
several marteage bonds amounting 10 the sum If
$4,000 issued by the defendants.
The bonds were issued in July, ls49. and
were payable July l, 1865. and were issued
originally to a citizen of Massachusetts and
came to the hands of the plaintiff BY yariou,
intermediate transfers. and when issued no nor.
son was named as payee therein, nor did thew
contain any words Of negoliabilny. The nlain.
tiff who is a citizen Of Keene, in the State NJ
New Hampshire, inserted his own name therein.
and also the words "or ORDER without The a.
sent or knowe geof the defendants, and brough,
suit.
The defendants objected 10 the iurisdic,io,
of the Court, and also that there had been mo.
terial alteration of the bonds by the plaintiff
since they were issued, and that they were there
fore void
Curtis, This is an action Of debt founded
on obligations Of the defendants under their
corporate seal, brought by the plaintiff, c,izen
Of the State of New Hampshire, against a cor.
poration created by and having its place of bus
mess in the State of Massachusetts
1t appears by the agreed statement of facts.
that these instruments were originally issued t.,
and held by citizens of Massachusetts. Under
the eleventh section of the judiciary act this
, Court has not jurisdiction unless they were paw.
able to be uer. They are declared upon and
, are now filed up as payable to order and not
TO bearer. 1t it be admitted that the plaintiff
: had the option TO treat them as payable either
10 order or bearer, upon which give no opinion,
he has elected the former. After this cannot
pronounce them as payable to bearer.
I, There is another view of the facts which is
also decisive on the question of jurisdiction.
!, 1t is agreed that these instruments were is
sued with the place for the name of the payee
Z in blank, and that in point OF fact they passed
from hand 10 hand by sale and delivery. AT
the common law they were not negotiable be-
II ing writings obligatory under the seal Of the
corporation.
d A Statute of Massachusetts, passed March 80,
= 1852 (St. 1852, chap. 76) provides that bonds
>, and other obligations under seal purpor,ng 10
y be payable 10 bearer 10 some person desienat-
: ed OF bearer, or payable 10 order which have
been or hereafter shall be issued by any corpo-
!. ration or Joint Stock Company are made assign
y able in the same manner and to the same extent
- promsory notes were then negotiable.
), These bonds bear date some years b.fJre this
statute was passed. 1t does not appear that the
u first iaker sold and delivered them after the stat
VI ute went into operation, consequently it does
not appear their legal title was capable of pass
VI ing by delivery and did so pass from the first
taker. III not, this Is suit TO recover the con-
~ tents Of chose in action in favor of an assignee
sc and within the prohibition of the eleventh sec.
d ton Of the Judiciary Act. Where promises are
y, made 10 bearer, and such promises in point oil
le law enure directly to the bearer and he is capa
SS Die of sustaining an action in his own name a
promises, il has been held he is not an assigned
within the meaning Of the eleventh section o
- the Judiciary Act, but If these bonds were is
be sued to and transferred by the first taker ant
d. before the date of the act. and were valiC
nd promises TO him they were not then legally ne
Is, eoiisble by delivery, and If made so after the,
on were originally issued and negotiated by tn,
We first taker the holder would in my opinion be al
ST. assignee within the meaning Of that section
He would he an owner of promise orgina
ne made to another, and which that other alon
he could enforce at law until by subsequent pro
r. VISION of law authority given TO such hode
to negotiate obligation and to sue on it in hi
ed own name For these reasons am Of the opir
in ion the suit muat I've dismissed for want Of jur,
dcton. II. NJ. and II. G. Parker for the plair
oh tlffs; Henry c. Huchns for the defendants
er- Boston Daily Advertiser.