Meanwhile it is not for us to undertake to enlarge by construction an exception in a statute restricting federal jurisdiction. Compare, Burgoyne v. James, 156 Misc. 859, 282 N.Y.S. 18, affirmed 246 App. Div. 605, 284 N.Y.S. 977. Though we think it doubtful that the use of "any" instead of "a" before "corporation" may be taken as indicative of anything, its presence may perhaps be adequately explained on the theory that Congress meant to include what are commonly known as public corporations as well as private corporations. It has been held that they are included. Scott County, Ark. v. Advance-Rumley Thresher Co., 8 Cir., 288 F. 739, 36 A.L.R. 937; Bloomfield Village Drain District v. Keefe, 6 Cir., 119 F.2d 157. Yet this statute was enacted to limit federal jurisdiction, Wilson v. Knox County, C.C., 43 F. 481, and should be strictly construed to accomplish that end. Affirmed.
November, 1935. Present — Martin, P.J., Merrell, McAvoy, O'Malley and Untermyer, JJ. [ 156 Misc. 859.] Action for breach of contract by the defendant to purchase certain bonds from the plaintiff.