Boyd v. Anderson
Tennessee Supreme Court
Upon a rule for a new trial. This was an action on the case, with a special count, stating the sale of a land warrant of 640 acres, for the consideration of $500, which afterwards was preferred to the board authorized to judge of the validity of land warrants; that the warrant was declared invalid and void, whereby the defendant became liable to pay the consideration, and assumed upon himself, &c. There was also a count for money had and received.
Read the full summary
Upon a rule for a new trial. This was an action on the case, with a special count, stating the sale of a land warrant of 640 acres, for the consideration of $500, which afterwards was preferred to the board authorized to judge of the validity of land warrants; that the warrant was declared invalid and void, whereby the defendant became liable to pay the consideration, and assumed upon himself, &c. There was also a count for money had and received. It appeared in evidence, that the defendant had given his bond in consequence of the receipt of the $500, to the plaintiff, to transfer him a…
1Opinion of the Court
Overton, j.
now delivered his opinion to the following effect:
The history of the assignment of unnegotiable paper, has been given with much correctness and perspicuity, by Buller, j. in 4 T. Rep. 340. By the common law ordinary bonds or obligations, were not assignable;(a) but for a valuable consideration they were sustained in equity at all times,2 Woodes. 388.. The case in 4 T. R. 340. together with many others to be found in the late reporters, shew clearly, that in modern times, the courts in England are approaching to the good sense of the rule long since established *439in equity. They…
2Cases cited11 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Markle v. HatfieldNew York Supreme Court · 1807
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Heermance v. VernoyNew York Supreme Court · 1810
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Gaines v. WhitworthTennessee Supreme Court · 1881
- Old Hickory Coaches, LLC v. Star Coach Rentals, Inc.Court of Appeals of Tennessee · 2021
- Steven J. Thomas v. Jeffrey M. Thomas v. Delmus L. ThomasCourt of Appeals of Tennessee · 2017