“ Mr. Justice Grier said: 'The complainant's case is therefore within the strict letter of the law; nor can we discover anything in the spirit, equity, or policy of the act, or in adjudged cases, which would compel us to give it a construction such as the defendant asks. The statute does not take from the assignee of a chose in action his right to sue in the courts of the United States, unless his immediate assignor could have sustained such action; but only in case the court could have had no jurisdiction as between the original parties to the instrument, if no assignment had been made. ”

“ Under the facts stated in the bill, can the complainant maintain a suit in equity in the circuit court of the United States for the eastern district of Louisiana against the city of New Orleans for the establishment of a fund out of which he in common with other creditors of the late metropolitan police board may be paid pro rata upon their claims?'
J. D. Rouse and William Grant for appellant. ”

“ The bill shows that at the time this suit was brought the circuit court had jurisdiction as between plaintiff and defendant, and also that the payees of these warrants might themselves then have instituted it, if there had been no assignment or transfer. We lay out of view as inapplicable the limitation on amount prescribed as to parties plaintiff by another clause with a different purpose. ”