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REALTY CO. v. DONALDSON

No. 348.

268 U.S. 398 (1925)

45 S.Ct. 521

69 L.Ed. 1014

REALTY HOLDING COMPANY v. DONALDSON.

Supreme Court of United States.

Decided May 25, 1925.

Attorney(s) appearing for the Case

Mr. John R. Rood, for appellant.

Mr. John C. Spalding, with whom Messrs. Sidney T. Miller, George L. Canfield, Lewis H. Paddock, Ferris D. Stone, Sidney T. Miller, Jr., Grant L. Cook, Joseph H. Clark, Harold H. Emmons, W.G. Bryant, George H. Klein, L.B. Gardner, and Frank L. Dodge were on the brief, for appellee.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The jurisdiction of the court below was invoked upon the ground of diverse citizenship, Jud. Code, § 24, First; and the court dismissed the bill under the limiting clause contained in that subdivision: "No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder...

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