BINGHAM V. CABOT

• Court: U.S. Supreme Court
• Writing for the Court: Justia & Oyez
• Citation: BINGHAM V. CABOT, 3 U. S. 382 (1798)
• Decision Date: 01 January 1798

Bingham v. Cabot

3 U.S. (3 Dall.) 382

Syllabus

It is necessary to set forth the citizenship, or alienage, if a foreigner is the party, in order to bring the case within the jurisdiction of the circuit court of the United States.

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 Ellsworth, 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 co-partner of Andrew Cabot, late of the same place, merchant, deceased, Moses Brown, Israel Thorndike, and Joseph Lee, all of the same place, merchants, Jonathan Jackson, Esq. of Newbury Port, Samuel Cabot, of Boston, merchant, George Cabot, of Brooklyn, Esq., Joshua Ward, of Salem, merchant, and Stephen Cleveland, of the same place, merchant, all in our said District of Massachusetts, and Francis Cabot, of Boston,

Page 3 U. S. 383

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