MANUEL et al. v. MARTIN.
(Circuit Court of Appeals, Fifth Circuit.
November 27, 1912.)
No. 2,320.
In Error to the Circuit Court of the United States for the Northern District of Texas; Edward B. Meek, Judge.
E. S. J. Whitehead, of Brown wood, Tex., for plaintiff: in error.
Wm. J. Berne, of Ft. Worth, Tex., for defendant in error.
Before PABDEE and SHELBY, Circuit Judges, and FOSTEB, District Judge.
[MAJORITY — PEB CUBIAM.]
PEB CUBIAM.
The Circuit Court had jurisdiction of this case by reason of diverse citizenship of the parties and as between the original parties to the note sued on. See Annotated Statutes, vol. 4, page 310, and Parker v. Ormsby, 141 U. S. 81, 11 Sup. Ct. 912, 35 L. Ed. 654. Judgment was correctly given against the plaintiffs in error, because the plaintiff below was the assignee of a purchaser for value and before maturity without notice of any equities existing between the original makers to the note. The judgment of the Circuit Court is affirmed.