Draper v. Fletcher

Campbell, J. .

Plaintiff sued defendant, to collect the amount of a conditional note, drawn payable to Ann Laing or bearer,, ánd given on the compromise of a judgment. The declara* lion was special, and was demurred to, the grounds relied upon in this court being, first, a failure to properly sliow plaintiff’s title as assignee to bring the action, and second, an election by non-payment, appearing in the declaration, which by the terms of the agreement was to operate to iannul it.

The statute allowing actions by other than original parties to agreements declares that, “The assignee of anjf…