Purdy v. Brown
Supreme Court of Arkansas
This'was assumpsit, determined in . the Phillips Circuit Court, in December, 1841, before the Hon. William K. Sebastian, one of the circuit judges. Purdy, as surviving partner of McLaughlin, sued Brown & Taylor on a note, executed by them to Purdy & McLaughlin.
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This'was assumpsit, determined in . the Phillips Circuit Court, in December, 1841, before the Hon. William K. Sebastian, one of the circuit judges. Purdy, as surviving partner of McLaughlin, sued Brown & Taylor on a note, executed by them to Purdy & McLaughlin. Taylor not being served with process, Brown pleaded in bar, that, after his making of the note, and before the commencement of the suit, Purdy & McLaughlin assigned, transferred, and endorsed, all their right, title, interest, and claim, in the note, to one Charlea W. Adams or order, and delivered the note to him; and the defendant…
1Opinion of the Court
By the Court,
Dickinson, J.
The principle has already been decided by this court, in the case of Block vs. Walker, 2 Ark. 4, that, when an assignor assigns a note, all the legal interest vests in the as-signee, end that he alone is entitled to sue, unless the assignor s againi invested with the legal interest by a new assignment or otherwise. As long as the assignment remains upon the note, no proof is competent to show legal interest in another, because under our statute, it is vested in the assignee.
Judgment affirmed.
2Cases cited1 opinion
- Block v. WalkerSupreme Court of Arkansas · 1839
3Cited by4 opinions
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
- Dickinson v. BurrSupreme Court of Arkansas · 1854
- Gray v. Real Estate BankSupreme Court of Arkansas · 1843
- Robertson v. RobertsonSupreme Court of Arkansas · 1960