Leach v. Greene
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered. The declaration also contained a count for conversion of the same goods. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: The plaintiff’s counsel stated, in opening, that the original transactions with the defendant, out of which the suit grew, were with one William E. Brockway, of the city, county and State of New York, who had sold the defendant beer, and had sent it in barrels…
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Contract for goods sold and delivered. The declaration also contained a count for conversion of the same goods. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: The plaintiff’s counsel stated, in opening, that the original transactions with the defendant, out of which the suit grew, were with one William E. Brockway, of the city, county and State of New York, who had sold the defendant beer, and had sent it in barrels to the defendant, which barrels, to the number of thirty-sight, had not been returned ; that subsequently, on January 17,…
1Opinion of the CourtEndicott, J.
It is distinctly stated in the bill of exceptions that the plaintiff purchased certain choses in action belonging to a bankrupt’s estate at public auction, among which was the claim for the barrels, declared on in the writ. It was not therefore a sale of the barrels, as now contended by the plaintiff, but of a chose in action.
It has been uniformly held in this Commonwealth, that the.assignee of a chose in action cannot, in the absence of a promise to himself, maintain an action thereon in his own name, but may do so in the name of his assignor. Usher v. D'Wolfe, 13 Mass. 290. Foss v. Nutting,…
2Cases cited1 opinion
- Usher v. D'WolfeMassachusetts Supreme Judicial Court · 1816
3Cited by13 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
- Lewis v. Club Realty Co.Massachusetts Supreme Judicial Court · 1928
- Baxter National Bank v. TalbotMassachusetts Supreme Judicial Court · 1891
- American Lithographic Co. v. ZieglerMassachusetts Supreme Judicial Court · 1914
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