Mosher v. Allen
Massachusetts Supreme Judicial Court
This was assumpsit upon a promissory note, said to have been made by the defendant in the year 1807, payable to Judah Allen, the plaintiff’s testator, or his order. The note was endorsed by the said Judah in his lifetime, and delivered to one B. Allen, Jun., who brought this action thereon, in the name of the said executor.
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This was assumpsit upon a promissory note, said to have been made by the defendant in the year 1807, payable to Judah Allen, the plaintiff’s testator, or his order. The note was endorsed by the said Judah in his lifetime, and delivered to one B. Allen, Jun., who brought this action thereon, in the name of the said executor. The said nominal plaintiff, at the first term of the Court of Common Pleas where the action was entered, disavowed the action by a writing under his hand, and prayed that it might be discontinued. The endorsee, for whose benefit the action was brought, then offered to…
1Per curiam
If the payee of a promissory note, not nego tiable, puts his name on the back thereof, intending [ *453 ] *to transfer it, he authorizes the prosecution of a suit in his name: for there is no other way of making the assignment effectual. But not so when the payee of a negotiable note endorses it; for that act transfers the property and the right of action, and is an assignment in law by the statute of Anne The payee in such case has lost all property in the note, and all control over it. Certainly, without his consent, no action can be maintained upon it in his name.
2Cited by7 opinions
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Pierce v. TalbotMassachusetts Supreme Judicial Court · 1913
- Cotting v. FosterMassachusetts Supreme Judicial Court · 1901
- Dietrick v. SiegelMassachusetts District Court, Appellate Division · 1942
- Hodges v. HollandMassachusetts Supreme Judicial Court · 1837
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