Brush v. Curtis
Supreme Court of Connecticut
This was an action of assumpsit, brought by Brush, “as assignee of the estate and effects of Willam S. St. John, of the city of New-York, an insolvent debtor, according to the form and effect of two certain statutes of the state of New-York,” on a promissory note, made by the defendant, dated the 6th of June, 1816, in and by which the defendant promised, for value received, to pay to the said William S. St. John, or order, the sum of 496 dollars, 89 cents, ten days after…
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This was an action of assumpsit, brought by Brush, “as assignee of the estate and effects of Willam S. St. John, of the city of New-York, an insolvent debtor, according to the form and effect of two certain statutes of the state of New-York,” on a promissory note, made by the defendant, dated the 6th of June, 1816, in and by which the defendant promised, for value received, to pay to the said William S. St. John, or order, the sum of 496 dollars, 89 cents, ten days after date, with interest. The declaration then recited the insolvent law of New-York, passed April 12th, 1813, and an act to…
1Opinion of the Court
Hosmer, Ch. J.
The general question raised for determination, is simply this; Whether by the law of Connecticut, the plaintiff, in his own name, can maintain an action on the note in suit.
The note might have been absolutely negotiated, by indorsement, so as to have vested the legal interest in the assignee; (Chitty on Bills 17. 141.) but no such fact existing, it cannot be insisted, that the plaintiff has derived any right from this source.
The averment in the declaration, that by the acts of the legislature referred to, the plaintiff is authorized and empowered, in his own name, to maintain…
2Cases cited4 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Orr v. AmoryMassachusetts Supreme Judicial Court · 1814
- Elderkin v. ElderkinConnecticut Superior Court · 1789
3Cited by1 opinion
- Metcalf v. YeatonSupreme Judicial Court of Maine · 1864