Supreme Court of the United States, 1842

Gibson v. Chew

Supreme Court of the United States · Decided March 10, 1842 · Wayne

41 U.S. 315; 10 L. Ed. 977; 16 Pet. 315; 1842 U.S. LEXIS 372 (United States Reports)

Counsel

The case was argued by Mr. Walker, for the plaintiffs in error; and by Mr. Key, for the defendants., Mr. Walker, for plaintiffs, in error,, Mr. Key, for the defendant in error.

Cases that cite this one

9 later published cases cite this decision.

New England Nat. Bank of Kansas City v. Calhoun (8th Cir. 1925)
Farr v. Hobe-Peters Land Co. (7th Cir. 1910)
Utah-Nevada Co. v. De Lamar (9th Cir. 1904)
Marshall v. Baltimore & Ohio Railroad (Supreme Court of the United States 1854)
Citizens Savings Bank & Trust Co. v. Sexton (Supreme Court of the United States 1924)
Parker v. Ormsby (Supreme Court of the United States 1891)
Morgan's v. Gay (Supreme Court of the United States 1874)
Phillips v. Preston (2d Cir. 1846)
Dromgoole v. Farmers'and Merchants'bank (Supreme Court of the United States 1844)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Justice Wayne

delivered the opinion of the Court.

This suit was brought in the Circuit Court of the United States for the southern district of Mississippi, by the defendant in error, as the endorsee of a promissory'note, made in Mississippi, of which the plaintiff in error, Martin, was the payee, and the plaintiff, Gibson, the maker; both maker'and payee being citizens of the state of Mississippi when the note was made.

The jurisdiction of. the Court is denied,, and the plea should have been sustained in the-Court below, as the Circuit Courts of the United States, have not cognisance of any suit to recover the contents of any promissory note, or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such Court to recover the said contents, if no assignment had been made, except.in cases of foreign bills of exchange. See the eleventh section of the act to establish the judicial Courts of. the United States, 1 Story’s Laws, 53.

The judgment of the Court below is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.