Makepeace v. Moore
Illinois Supreme Court
Assumpsit, in the Kane Circuit Court, brought by the defendant in error against the plaintiff in error, and heard before the Hon. Theophilus L. Dickey, at the January special term, 1849, who found the issues for the plaintiff and assessed his damages at the sum of $172-78., when the defendant moved in arrest of judgment. At the April term following, the motion was overruled by the Court, and judgment rendered for the amount of the damages assessed.
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Assumpsit, in the Kane Circuit Court, brought by the defendant in error against the plaintiff in error, and heard before the Hon. Theophilus L. Dickey, at the January special term, 1849, who found the issues for the plaintiff and assessed his damages at the sum of $172-78., when the defendant moved in arrest of judgment. At the April term following, the motion was overruled by the Court, and judgment rendered for the amount of the damages assessed. The suit was brought upon a promissory note executed by Makepeace to Harvey Bristol or bearer. It was alleged in the declaration that the said…
1Opinion of the Court
The Opinion of the Court was delivered by
Treat, C. J.
The record presents the single question, whether an administrator can assign a promissory note payable to his intestate so as to vest the legal interest in the assignee. On the score of principle and authority, the answer must be in the affirmative. The administrator succeeds to the legal title to the personal estate, and the title takes effect by relation from the death of the intestate. As a general principle, he has the power to dispose of the'personal effects, and they cannot be followed into the hands of the alienee. He has to sell the…
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