“This was a writ of error from the District Court of Maine. The action was brought by the United States as indorsees of a promissory note made by the defendants at Eastport on the 10th of February, 1826, whereby for value received they promised to pay the president, directors, and company of the bank of Passamaquoddy or order, three months after date, the sum of twenty-three hundred and thirty-three dollars and thirty-three cents; and afterwards the bank, by its cashier, indorsed the same to the United States. There was also a count for money had and received. The defendants pleaded to the jurisdiction, aver­ring that the bank of Passamaquoddy is established in, and composed of, citizens of the state of Maine, and that the defendants at the commencement of the action were and still are citizens of the same state, and that by the 11th section of the judiciary act of 1789, ch. 20, the District Court has no cognizance of such a suit brought by the United States as assignees. There was a demurrer to this plea, and upon argument, the District Court decided against its jurisdiction, and dismissed the suit. From this judgment the present writ of error was brought to the Circuit Court.”