Skinner v. Somes
Massachusetts Supreme Judicial Court
The plaintiff declared in debt upon a bond made by the defendant to one John Somes, his heirs, executors, administrators, or assigns, and upon an assignment thereof by the said John to the plaintiff; and avers notice to the defendant, and a demand and refusal. The defendant demurs generally to the declaration, and the plaintiff joins in demurrer.
1Opinion of the Court
By the Court.
This is the first attempt to maintain an action of debt by the assignee of a bond in his own name. The word assigns has been for centuries inserted in bonds and obligations; but no one has conceived that it gave to them a negotiable property, so as to transfer the right of action upon them to the assignee. In Fenner vs. Mears, the action was assumpsit upon the promise of the obligor to pay to the assignee; and the assignment of a chose in action was always a good consideration for a promise.
We have gone as far in favor of assignments as the authorities or the reason of them would…
2Cited by9 opinions
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
- Wood v. Rutland & Addison Mutual Fire InsuranceSupreme Court of Vermont · 1859
- Morse v. BellowsSuperior Court of New Hampshire · 1835
- Chapin v. Vermont & Massachusetts RailroadMassachusetts Supreme Judicial Court · 1857
- Edson v. FullerSuperior Court of New Hampshire · 1850
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