Morrison Waite

“ He is, therefore, the 'assignee of a chose in action,' within the letter and spirit of the act of congress under consideration, and cannot support this action in the circuit court of the United States, where his assignor could not.' This clearly implies that if a suit could be brought on the note, it could for the foreclosure of the mortgage, should there be no other objection to the jurisdiction than the citizenship of the payee and maker. ”

“ The act of 1875, however, removes this restriction in suits on 'promissory notes negotiable by the law-merchant;' and now the jurisdiction in such suits is made to depend on the citizenship of the parties as in other cases. ”