Johnson ex rel. Stone v. English
Supreme Court of Alabama
William Johnson, for the use of Thomas Stone, sued Joshua English in the Circuit Court of Dallas county, in assumpsit, on a promissory note made by English to Johnson.- The note was produced with the following endorsement: “ I assign the within note to Thomas Stone, value received, December 1st, 1823. William Johnson.”
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William Johnson, for the use of Thomas Stone, sued Joshua English in the Circuit Court of Dallas county, in assumpsit, on a promissory note made by English to Johnson.- The note was produced with the following endorsement: “ I assign the within note to Thomas Stone, value received, December 1st, 1823. William Johnson.” The plaintiff took a bill of exceptions at the trial, which was sealed by Judge Saffold, then presiding, shewing that the said note, so endorsed, was offered to be read to the jury : to which the defendant’s counsel objected, on the ground that the endorsement shewed the…
1Opinion of the Court
JUDGE TAYLOR
delivered the opinion of the Court. By a former decision of this Courtb it was determined *170that tbe bolder of an instrument of this bind would be presumed to be tbe owner until the contrary appeared* jjere the contrary does appear by the acknowledgement °f the plaintiff in instituting the suit for the use of the endorsee. The judgement must' be affirmed.
•By JUDGE CRENSHAW.
By the common law, a chose in action could not be assigned so as to. authorize the assignee to maintain an action at law in his own name ; but the assignment operated as an authority for the assignee to sue for…
2Cited by6 opinions
- Johnson v. MartinSupreme Court of Alabama · 1875
- Dwyer v. KennemoreSupreme Court of Alabama · 1858
- Bryant v. OwenSupreme Court of Alabama · 1834
- Catoir v. American Life Insurance & Trust Co.Supreme Court of New Jersey · 1868
- Pickett v. StewartSupreme Court of Alabama · 1847
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