Gower v. Howe

Suit on a note, and to foreclose a mortgage. Demurrer to the complaint, assigning a special cause, to wit, that one Cable was not made a party — overruled.

The point 'made upon this ruling is, that as Cable was shown to be the assignor of the note, he could not transfer *397the mortgage, at that time, so as to enable the assignee to sue in his own name; and therefore he should have been a party to answer to the assignment, &c. It is a sufficient answer to this, that the assignment of the note — the evidence of the debt — carried with it the security, the mortgage.

Robert Parrett and A. B. Kennedy,…