United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brainerd, Shaler & Hall Quarry Co. v. Brice, 250 U.S. 229 (1919)

Brainerd, Shaler & Hall Quarry Co. v. Brice

No. 431

Submitted March 17, 1919

Decided June 2, 1919

250 U.S. 229

Syllabus

The allegations of the complaint determine the character of an action for the purpose of testing the jurisdiction of the district court to entertain it. P. 250 U. S. 231.

The life tenant of a fund, to secure the remaindermen, executed, with surety, a bond running to them, their executors, administrators, and assigns and conditioned for the preservation of the fund by him and payment to them upon his death. One of them assigned part of his remainder interest to a third person, who, after the death of the life tenant, brought an action on the bond against the life tenant's executor and the surety jointly, to recover in the amount of the assigned remainder interest. Held that the assignment of the remainder interest carried with it pro tanto the obligation of the bond, and that the action was one prosecuted by an assignee to recover on a chose in action. not cognizable by the district court, where the assignor and the defendants were citizens of the same state. Jud.Code, § 24. P. 250 U. S. 233. Brown v. Fletcher, 235 U. S. 589, distinguished.

Affirmed.

Page 250 U. S. 230

The case is stated in the opinion.