John Marshall

“ If the payee of the note could not maintain a suit in the Federal Courts against the drawer, neither can the endorsee maintain a suit in the Federal Courts against the drawer. But the jurisdiction of the Federal Courts extends to the case of a suit brought by the endorsee against the endorser, being citizens of different States, whether a suit could have been there brought against the drawers or not. By the words of the act, a general jurisdiction is given, in terms, embracing all cases where citizens of different States are parties. ”

“ It is in the power of the endorser to fix the jurisdiction, by making a special endorsement, as it is in the power of the drawer to escape the Federal jurisdiction by making the note payable to a citizen of the same State. ”

“ At any rate, that was a foreign bill, and perhaps within the operation of the 11th section of the judiciary act: it is, then, not authority in this case. In the language of the 11th section of the judiciary act, this is a 'suit to recover the contents of a promissory note in favour of an assignee,' &c. ”