Russell v. Swan
Massachusetts Supreme Judicial Court
Declaration,—“ In a plea of the case, for that, at said Boston, on the 7th of July, 1798, the said Swan executed and delivered to the said Joseph Bussell, the plaintiff’s testator, then in full life, and one Patrick Jeffrey, then a copartner with said Joseph, but since deceased, doing business under the name and style of Jeffrey f Russell, a certain promissory note of that date, by which, for value received, he, the said Swan, promised the said Jeffrey &f Russell, to pay…
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Declaration,—“ In a plea of the case, for that, at said Boston, on the 7th of July, 1798, the said Swan executed and delivered to the said Joseph Bussell, the plaintiff’s testator, then in full life, and one Patrick Jeffrey, then a copartner with said Joseph, but since deceased, doing business under the name and style of Jeffrey f Russell, a certain promissory note of that date, by which, for value received, he, the said Swan, promised the said Jeffrey &f Russell, to pay them or their order on demand 6506 dollars, 3 cents, with interest. And afterwards, at said Boston, on the 23d day of…
1Opinion of the CourtParker, C. J.
It is very clear that the first count in the declaration cannot be supported. It sets forth an assignment of a chose in action, without averring such facts, as alone constitute an assignment, so as to give a right of action to the assignee.
The second count is maintainable; for it avers an endorsement of the note by Jeffrey & Russell, the payees, to Joseph Russell, one of them; and it is certainly competent for partners, or other joint payees of a negotiable note, to assign it to one of the firm, or one *263of the joint payees, with the same effect that an assignment to any other person would have.
2Cited by11 opinions
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
- Porter v. M'Clure & TourtellotNew York Supreme Court · 1836
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
- Bond v. HollowayIndiana Court of Appeals · 1897
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