M'Cormick v. Trotter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county. This was an action brought by Nathan Trotter, indorsee of John Lynn, against Barnabas M‘Cormick, as the maker of a promissory note, by which he promised, two months after date, to pay to John Lynn, or order, at' the Harrisburg Bank, and in bank notes of the chartered banks in Pennsylvania, 500 dollars, without defalcation, for value received.
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Error to the Court of Common Pleas of Dauphin county. This was an action brought by Nathan Trotter, indorsee of John Lynn, against Barnabas M‘Cormick, as the maker of a promissory note, by which he promised, two months after date, to pay to John Lynn, or order, at' the Harrisburg Bank, and in bank notes of the chartered banks in Pennsylvania, 500 dollars, without defalcation, for value received. On the trial, several exceptions were taken to the admission of evidence, and also to the charge of the court. The court below instructed the jury, that the plaintiff was not bound to prove the…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
It is impossible to sustain this judgment. Without considering the minute objections to the original or amended statement, there are two material objections. The first strikes at the foundation of the action. The instrument was not assignable, nor the subject of the indorsement, so as to enable the assignee, or indorsee, to sue the maker in his own name.
Though courts of law are now in the constant habit of taking notice of the assignment of choses in action, and of giving effect to them, yet they always adhere to the formal objection, that…
2Cases cited2 opinions
- Sanger v. StimpsonMassachusetts Supreme Judicial Court · 1811
- Reed v. IngrahamSupreme Court of the United States · 1799
3Cited by6 opinions
- Thompson v. SloanNew York Supreme Court · 1840
- Gray v. DonahoeSupreme Court of Pennsylvania · 1835
- Butler v. PaineSupreme Court of Minnesota · 1863
- Hawkins v. WatkinsSupreme Court of Arkansas · 1843
- Alexander v. . OaksSupreme Court of North Carolina · 1837
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