Myers v. . Davis
New York Court of Appeals
Appeal from the Supreme Court. Action for goods, wares and merchandise sold by Watrous & Lawrence to the defendants—the plaintiff being the assignee of all their property in trust for creditors. The trial was before Mr. Justice James, a jury having been waived.
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Appeal from the Supreme Court. Action for goods, wares and merchandise sold by Watrous & Lawrence to the defendants—the plaintiff being the assignee of all their property in trust for creditors. The trial was before Mr. Justice James, a jury having been waived. The judge found these facts: For some time previous to the failure and assignment of Watrous & Lawrence, there had been mutual dealings between that firm and the defendants, in which work ordered from the defendants was applied upon their account with Watrous & Lawrence for goods sold by the latter—the defendants being entitled to a…
1Opinion of the CourtDenio, J.
The alteration of the practice, allowing the beneficial owner of a chose in action, not negotiable at law, to sue thereon in his own name, does not change the actual rights of the parties to any assignment of it. The defendants in this action are therefore entitled to the same defence which they would have had if the former rule had continued to prevail, and this action had been brought in the name of Watrous & Lawrence, and to no other or different defence. The assignee would have been protected in his equitable rights, notwithstanding the non-negotiable nature of the contract, to the same…
2Cases cited1 opinion
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
3Cited by52 opinions
- Fera v. . WickhamNew York Court of Appeals · 1892
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Stadler v. First National BankMontana Supreme Court · 1899
- Martin v. . KunzmullerNew York Court of Appeals · 1867
- Huse v. AmesSupreme Court of Missouri · 1890
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