Hudson v. Reeve
New York Supreme Court
In Equity. The bill set forth that the defendant being the son of the testatrix, on the first of November, 1824, executed a bond to one Joanna S. Reeve, daughter of the complainant’s testatrix, Nancy Reeve, conditioned for the payment of $1000 in one year from that date.
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In Equity. The bill set forth that the defendant being the son of the testatrix, on the first of November, 1824, executed a bond to one Joanna S. Reeve, daughter of the complainant’s testatrix, Nancy Reeve, conditioned for the payment of $1000 in one year from that date. That he paid to her the interest on such bond up to the 1st of November, 1828. That on the 9th of June, 1829, Joanna S. Reeve made her will, and thereby bequeathed the bond specifically to Nancy Reeve, whom she constituted sole executrix of such will, and that Joanna died previous to the 1st of December, 1829. That at the…
1Opinion of the CourtStrong, J.
It is settled that an assignee of a specialty cannot maintain an action upon it at law in his own name, without an express promise of payment to him by the original debtor. (Dubois v. Doubleday, 9 Wend. 217.) In this case, no such express promise was proved, or alleged. On the contrary, the defendant avers in his answer, that the payments made by him to Nancy Reeve were made to her in her character as executrix of the obligee; and he denies that the bond was her individual property.
That the bond had become the individual property of Nancy Reeve, there can be no doubt. (Kirby v. Potter, 4 Ves.…
2Cited by7 opinions
- In re PyeAppellate Division of the Supreme Court of the State of New York · 1897
- In re Accounts of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1897
- Blood v. . KaneNew York Court of Appeals · 1892
- Blood v. KaneNew York Court of Appeals · 1891
- Haines v. MeyerNew York Supreme Court · 1881
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