Davis v. Christy
Supreme Court of Missouri
APPEAL to Johnson Circuit Court. Foster, the payee of the bond, by the assignment to Holden, divested himself of the legal title to the bond, and the title thereof was, by said assignment, vested in Holden, the first assignee ; and as Foster, at the time he made the assignment to Christy, was not the legal owner of the bond, and had no interest therein, he could not, by the assignment, transfer any title or interest to the plaintiff, Christy, and consequently Christy could…
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APPEAL to Johnson Circuit Court. Foster, the payee of the bond, by the assignment to Holden, divested himself of the legal title to the bond, and the title thereof was, by said assignment, vested in Holden, the first assignee ; and as Foster, at the time he made the assignment to Christy, was not the legal owner of the bond, and had no interest therein, he could not, by the assignment, transfer any title or interest to the plaintiff, Christy, and consequently Christy could not maintain an action thereon. (See Rev. Statute of 1835, p. 105, sec. 2; Jeffers vs. Oliver, 5 Mo. Rep., p. 433.)…
1Opinion of the Court
S.cott, J.,
delivered, the opinion, of the Court.
Christy, as assignee of James M. Foster, sued Davis in a justice’s court, on a bond executed by Davis to Foster, for the sum of $82. The cause was taken to the Circuit Court, where Christy recovered judgment, from which Davis appealed.,
On the trial in- the Circuit Court, Davis, to defeat Christy’s right of recovery, objected to the reading of the bond, and the assignment thereon, as evidence; and in support of this objection proved, that James M. Foster, the obligee of the bond, assigned it for a valuable consideration to N. B. Holden, by a…
2Cases cited2 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Welch v. LindoSupreme Court of the United States · 1812
3Cited by3 opinions
- Glasgow v. SwitzerSupreme Court of Missouri · 1849
- Billings v. AtchisonSupreme Court of Missouri · 1851
- Dent v. SigersonSupreme Court of Missouri · 1860