BINGHAM v. CABOT

THIS action came again before the court, on a writ of error; and an objection was taken to the record, that it was not stated, and did not appear in any part of the process and pleadings, that the Plaintiffs below, and the Defendant, were citizens of different States, so as to give jurisdiction to the Federal Court. The caption of the suit was — "At the "Circuit Court begun and held at Boston, within and for the " Massachusetts district, on Thursday, the first day of June, "A.D. 1797, by the honorable OLIVER ELSWORTH, Esq. "Chief Justice, and JOHN LOWELL, Esq. District Judge — " John Cabot, et al. versus William Bingham:" And the declaration (which was for money had and received, to the Plaintiff's use) set forth, "that John Cabot, of Beverly, in the district "of Massachusetts, merchant, and surviving copartner of " Andrew Cabot, late of the same place, merchant, deceased, " Moses Brown, Israel Tborndike, and Joseph Lee, all of the "same place, merchants, Jonathan Jackson, Esq. of Newbury " Port, Samuel Cabot, of Boston, merchant, George Cabot, of " Brookyln, Esq. Josbua Ward, of Salem, merchant, and Stephen " Cleveland, of the same place, merchant, all in our said "district of Massachusetts, and Francis Cabot, of Boston, "aforesaid, now resident at Philadelphia aforesaid, merchant, "in plea of the case, for that said William, at said Boston, on "the day of the purchase of this writ, being indebted to the "Plaintiffs, c. promised to pay, c." The Defendant pleaded non assumpsit, and an issue being thereupon joined and tried, there was a verdict and judgment for the Plaintiff, for 27,224 dollars and 93 cents, and costs.