William R. Day

“ Such interests might be sued for in the federal courts when the requisite amount and diversity of citizenship exist. 235 U.S. 598, 599, 35 Sup. Ct. 154, 59 L. Ed. 374. But here the case is different; the suit was upon the bond, the right to recover arising from the assignment of the interest of Eugene Van Schaick in the fund in the hands of Henry Van Schaick. It was not a suit to recover the interest of Eugene Van Schaick in the estate because of the wrongful conversion thereof by Henry Van Schaick. To such a suit the surety company would not be a proper party. ”

“ Answers were filed and the case was at issue, and came on for trial, when, upon motion of the defendants, the action was dismissed for want of jurisdiction. The only question here concerns the correctness of this ruling of the District Court. ”

“ Jacksonville, etc., Ry. Co., 152 U.S. 71, 14 Sup. Ct. 483, 38 L. Ed. 358.
Brown v. Fletcher, 235 U.S. 589, 35 Sup. Ct. 154, 59 L. Ed. 374, is an entirely different suit from the one now under consideration. ”