BRUCE & ANOTHER
v.
MANCHESTER & KEENE RAILROAD

U.S. | 1886-04-05
117 U.S. 514 Supreme Court of the United States (1886) Positive Treatment
Also reported at: 29 L. Ed. 990 · 6 S. Ct. 849 · 1886 U.S. LEXIS 1868 · SCDB 1885-204
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Alexander Bruce and William Shepard, bondholders of the Manchester and Keene Railroad, sued to foreclose a mortgage and recover unpaid interest, but the lower court dismissed their bill. The Supreme Court dismissed their appeal for lack of jurisdiction, holding that the matter in dispute was limited to the unpaid interest owed to the two complainants (approximately $3,400 total), which fell below the Court's jurisdictional threshold of $5,000, and that collateral effects the decree might have on other bondholders' interests could not be considered in calculating the amount in dispute.


© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
Me. Chief Justice "Waite

Mr. Chief Justice "Waite delivered the opinion of the court.

This suit, at the time of the decree appealed from, was by Alexander Bruce, a citizen of Illinois, and William Shepard, a citizen of Massachusetts,, against the Manchester and Keene Railroad, a New Hampshire corporation, to collect' interest due on certain bonds of the. railroad by the foreclosure of a niortgage made to trustees to secure a series of bonds amounting in the aggregate to §500,000. There were other parties, both plaintiff and defendant, when the suit was begun, but a discontinuance ivas entered before the decree as to all but these. The bill was filed in behalf of the complainants and all other like creditors, not citizens of New Hampshire, who might come in and contribute to the expenses, but'no such creditors had come in or connected themselves with the suit in any way at the time of the decree. The railroad filed an answer, and upon final hearing the bill was dismissed. The ..record shows that the complainant Bruce owned bonds for $7500, on which interest ivas past due and unpaid' to the amount of not more than $3000; and Shepard $1000 of bonds, on whifch not more than $400 of interest was due. After the bill was dismissed the complainants, Brace and Shepard, took a joint appeal, which the railroad now. moves to dismiss because .the value of the matter in dispute does not exceed $5000.

This motion must be granted. The case comes clearly within the rule established in Elgin v. Marshall, 106 U. S. 578, in which it was decided that the matter in dispute, on which our jurisdiction depends, is “ the matter which is directly in dispute in the particular cause in .which the-judgment or decree sought to be reviewed has been rendered,” and' that we are not permitted, “for the purpose of determining its sum. or value, to estimate its collateral effect in a subsequent suit between the same or other parties.” Although the principal of the bonds owned by one of the complainants exceeds $5000, . the suit is brought to recover only the interest, which is less. These complainants are in no way authorized to represent the other bondholders. They sued for themselves and all others in like situation who might join with them, but no one saw fit to join. They were allowed to proceed alone, and the payment to them of their interest would have been a bar to the further prosecution of the suit. So, if a decree had been rendered in their favor without others joining in the suit, either by petition or by proof before a master, or otherwise, it would have been satisfied by the payment of the amount found due to them, and no further proceedings could thereafter be had. It is true, if such a payment should not be made, and a resort to a sale of the mortgaged property should be necessary to collect what was due to them, the other bondholders would have an interest in the proceeds and could be called in before a master for that purpose; but that would be only, one of the collateral or indirect .effects of the decree not to be considered in determining our jurisdiction. On the case ás it stood when the bill was dismissed, the only matter directly involved was the right of Bruce and Shepard to have the mortgaged property sold to pay the several amounts due them respectively for interest on their bonds. i This is all that has been denied. It follows that the matter in dispute here is less than our jurisdictional limit.

. Dismissed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gibson v. Shufeldt, 122 U.S. 27 (U.S. 1887)
    …The Jessie Williamson, Jr., 108 U. S. 305; New Jersey Zinc Co. v. Trotter, 108 U. S. 564; Opelika v. Daniel, 109 U. S. 108; Wabash, &c., Railroad v. Knox, 110 U. S. 304; Bradstreet Co. v. Higgins, 112 U. S. 227; Bruce v. Manchester & Keene Railroad, 117 U. S. 514. The value of property sued for is not always the matter in dispute. In replevin, for instance, if the action is brought as a means of trying the title to property, the value of the property replevied is the matter in dispute; but if the replevin i…
  • Johnson Co. v. Wharton, 152 U.S. 252 (U.S. 1894)

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw