Bullitt v. Scribner
Indiana Supreme Court
APPEAL from the Clark Circuit Court. — Assumpsit by the assignee against the assignor of a promissory note. Plea, non assumpsit.
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APPEAL from the Clark Circuit Court. — Assumpsit by the assignee against the assignor of a promissory note. Plea, non assumpsit. The jury found a special verdict to the following effect: That Elliott made the note to Scribner, who, before it became due, assigned it to Bullitt; that the day after it became due, Bullitt commenced suit against Elliott, who confessed judgment for the amount of the note at the term to which the writ was returnable; that a capias ad satisfaciendum was immediately taken out, upon the judgment, against Elliott, who was committed to prison, and afterwards discharged…
1Opinion of the CourtBlackford, J.
This judgment is founded upon the idea, that cases of this kind must be governed by the lex mercatoria of England. We are of opinion, however, that the law of our country is otherwise. Supposing the law merchant to be a part of the common law, and adopted into our code, still that does not prove the correctness of the judgment before us. Promissory notéis were not governed by the law merchant, until they were put upon a footing with bills of exchange, by the statute of Anne (1). That statute was never in force in this state. Our act of *15assembly upon the subject provides, that the assignee,…
2Cited by4 opinions
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