United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sere & Laralde v. Pitot, 10 U.S. 6 Cranch 332 332 (1810)

Sere & Laralde v. Pitot

10 U.S. (6 Cranch) 332

Syllabus

A general assignee of the effects of an insolvent cannot sue in the federal courts if his assignor could not have sued in those courts.

The citizens of the Territory of Orleans may sue and be sued in the District Court of that territory in the same gases in which a citizen of Kentucky may sue and be sued in the Court of Kentucky.

Error to the District Court of the United States for the District of Orleans in a suit in equity in which Sere & Laralde were complainants against Pitot and others, defendants.

The complainants stated that they were aliens and syndics of the creditors of the joint concern of Dumas & Janeau, Pierre Lavergne, and Joseph Faurie; that Faurie died insolvent; that Dumas & Janeau were

Page 10 U. S. 333

also insolvent, and made a surrender of all their effects to their creditors, and that Lavergne acknowledged himself to be unable to pay the debts of the joint concern; that the joint concern, as well as the individual members, being insolvent,

"application was made by their creditors to the superior court of the Territory of Orleans, and such proceedings were thereupon had that according to the laws of the said territory, the complainants were, at a meeting of the creditors of the said partnership, duly nominated syndics for the said creditors, and by the laws of the said territory all the estate, rights, and credits of the said partnership were vested in the complainants."

They also stated that the defendants were citizens of the United States.

The defendants pleaded to the jurisdiction, and the court below allowed the plea.

Page 10 U. S. 334