Parmelee v. Dann
New York Supreme Court
ÁPPEAL from a judgment entered upon a verdict, taken at the Ontario circuit in November, 1854, before T. R. Strong, justice.
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ÁPPEAL from a judgment entered upon a verdict, taken at the Ontario circuit in November, 1854, before T. R. Strong, justice. Upon the trial, the plaintiffs gave in evidence, that in June, 1851, one Winchester Merriam and the defendant agreed that the defendant would furnish 81 acres of land on his farm in West Bloomfield, in said county, to be sown to wheat that season by said Merriam; that each would furnish one half of the seed, that said Merriam should raise the crop and deliver to the defendant one half of the wheat, thrashed and measured; and that the defendant would repair and keep in…
1Opinion of the Court
By the Court, Welles, J.
The point principally insisted upon by the counsel for the appellant, upon the argument, was that the plaintiffs had not acquired title to the cause of action for which they recovered judgment. I have not been able to find a case parallel with this in its facts and circumstances, and yet it is difficult, I think, to distinguish it in principle from a class of cases quite numerous in the books. It is entirely clear that where a debt is assigned, the assignment carries with it all the collateral securities, held by the assignor, for its collection, although they are not…
2Cases cited2 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Rose v. Baker & PerkinsNew York Supreme Court · 1852
3Cited by9 opinions
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
- Triple Action Spring Co. v. GoyenaAppellate Terms of the Supreme Court of New York · 1916
- Dorsheimer v. NicholsNew York Court of Appeals · 1865
- Dorsheimer v. NicholsNew York Court of Appeals · 1865
- Goodrich v. BoweNew York Marine Court · 1881
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