The American Decisions: Cases of General Value And Authority ..., volume 2
The American Decisions: Cases of General Value And Authority ..., volume 2
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113, has been cited by the plaintiff's counsel, to show that the word assign in itself implies a covenant, and is sufficient to support this action. But this case, I think, has been misapprehended.
It is more fully stated in 12 Mod. 554. There one had assigned all the money that should be allowed him by the town of Ham- burg in lieu of his share of a certain ship; but afterward him- self received the money; and for this money the action was brought, and it was adjudged for the plaintiff. This w...as a receiv- ing of the money by the assignor himself, contraiy to his con- tract It has no resemblance to the present case. Again, it is Digitized by Google Maji 1806.] ^ Gahbbtbie t^ Yak Nebs* 885 said that an aetion would He bj the assigiiee against the'aasignor of a promissory note, which is a chose in action, before the 8 and 4 of Ann, which puts promissory notes on the same footing with inland bills of exchange; and for this the ease of Lambert ▼. Oakea is cited from 1 Ld. Baym. 443. And it is urged that upon the same principle, an action will lie by the assignee against tiie assignor of a bond.
What to read after The American Decisions: Cases of General Value And Authority ..., volume 2?
You can find similar books in the "Read Also" column, or choose other free books by John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
113, has been cited by the plaintiff's counsel, to show that the word assign in itself implies a covenant, and is sufficient to support this action. But this case, I think, has been misapprehended.
It is more fully stated in 12 Mod. 554. There one had assigned all the money that should be allowed him by the town of Ham- burg in lieu of his share of a certain ship; but afterward him- self received the money; and for this money the action was brought, and it was adjudged for the plaintiff. This w...as a receiv- ing of the money by the assignor himself, contraiy to his con- tract It has no resemblance to the present case. Again, it is Digitized by Google Maji 1806.] ^ Gahbbtbie t^ Yak Nebs* 885 said that an aetion would He bj the assigiiee against the'aasignor of a promissory note, which is a chose in action, before the 8 and 4 of Ann, which puts promissory notes on the same footing with inland bills of exchange; and for this the ease of Lambert ▼. Oakea is cited from 1 Ld. Baym. 443. And it is urged that upon the same principle, an action will lie by the assignee against tiie assignor of a bond.
What to read after The American Decisions: Cases of General Value And Authority ..., volume 2?
You can find similar books in the "Read Also" column, or choose other free books by John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company to read onlineMoreLess
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