Page:Federal Reporter, 1st Series, Volume 1.djvu/55

HEWAT V. HAVEMTER. 47 �There is but one other provision of the law touehîng this question, and that is found in the Bev. St. (2d Ed.) 993, under the title "National Banks," and among the enumerated pow- ers conferred on these banks je the foUowing : "ïo sue and be sued, complain and defend, in any court of law and equity as fully as natur al •persans." This provision is eopied Verbatim from the currency aets of 1863 and 1864. �There is nothing in this enactment conferring any special jurisdiction on the federal courts in cases where national banks are parties; but these banks are placed on an equal footing with natural persons in ail courts of law and equity. �Now in the case of natural persons the citizenship of the parties and the amount in controversy in actions of this nature are both material, and are the controlling elements to jurisdiction in this court. �I need not decide or discuss the question whether a national bank organized under the law of congress and established in the state of Missouri is a citizen of that state under the rule recognizing corporations organized under the laws of a state as citizens of that state, for the purpose of suing and being sued in the federal courts. Even if the affirmative of that proposition could be maintained, there would still be a want of jurisdiction in this case, as the amount in controversy is not sufficient, and on that ground this case must be dis- missed, and the costs paid by defendant refunded to him. ���Hewat V. Havemyer. �(Distnct Court, E. D. New York. , 1880.) �Damages to Cargo— Drainage dp Sogar — Freioht. — Where a cargo of sTigar was brought from Havana to New York in bags, and the con- signees retused to pay the freight, alleging damage to the sugar by rea- son of bad storage, and careless delivery, to the amount of $1,100, where- upon the master brought suit to recover his freight, lield, that upon the eTidîrcî Iho ship was not liable for any damage to the sugar whkh arose from unusual drainage, and not by fault of the ship, and there- fore tho master is entitled to his freight. ��� �