Hotchkiss v. Thompson
Supreme Court of Iowa
Error to Van Burén. This was an action of assumpsit brought by Robert B. Thompson against Russell Hotchkiss in the District Court of Van Burén county. The plaintiff filed the note in lieu of the declaration, which said note was made payable to R. B. Thompson.
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Error to Van Burén. This was an action of assumpsit brought by Robert B. Thompson against Russell Hotchkiss in the District Court of Van Burén county. The plaintiff filed the note in lieu of the declaration, which said note was made payable to R. B. Thompson. The statute under which the plaintiff below proceeded is as follows, viz : “ That hereafter it shall be competent for any person or persons, when they wish to institute suit in any of the courts of record in this territory (if their demand shall be founded on contract) to file their account, single bill, promissory note, or due bill,…
1Opinion of the Court
By the Court,
Wilson, Justice.
The note in this case being payable to R. B. Thompson, or bearer, it matters not what may be the name of the plaintiff who brings the suit. The object of the statute above referred to is to allow any person or persons to institute a suit in any of the courts of record in this territory, in certain cases, without employing an attorney and without filing a declaration. Any person into whose hands this note might pass would be authorized under this statute to commence an action in his own name.
There is, however, another objection to reversing the judgment in this…
2Cited by2 opinions
- Winters v. HughesUtah Supreme Court · 1861
- Bridgman v. WilcutSupreme Court of Iowa · 1854