Marcum v. Hereford

Judge Marshall

delivered the Opinion of the Court.

Besides the covenant for the payment of money, the instrument sued on in this case, contains a stipulation for work and labor to be done by the defendant Hereford, in moving one of the houses leased to him by the plaintiffs. And according to the construction which this Court has repeatedly given to the statute authorizing the assignment of notes &c. for the payment of “money or property”, such an instrument is not assignable, so as to pass the legal title to the assignee. Force’s Administrators vs. Thomason, 2 Litt. 167; Halbert vs. Deering, 4…