Gordon v. Downey
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of trespass upon the case, brought on the 11th November 1839, by the appellant against the appellee. The plaintiff below declared as follows, viz : 1st Count.
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Appeal from Washington County Court. This was an action of trespass upon the case, brought on the 11th November 1839, by the appellant against the appellee. The plaintiff below declared as follows, viz : 1st Count. That whereas, heretofore, to wit, on, &c., a certain James Downey, senior, entered into an agreement in writing with the said defendant, to wit, &c., whereby the said James Downey, senior, agreed to rent to the said defendant the farm whereon they both then resided, for one year, from the 1st day of April 1837, to the 1st day of April 1838, for the sum of three hundred dollars per…
1Opinion of the CourtDorsey, J.
We think the county court erred in arresting the judgment on the verdict rendered in this case, notwithstanding, it is our opinion, that the chose in action, assigned in this case, is not such a chose in action as would, under the act of 1829, ch. 51, entitle the assignee, standing upon the assignment only, to the maintenance of an action in his own name. It was not the intention of the legislature to confer on the assignee any such power, except in cases where the chose in action was purely “for the payment of money,” and where the only action which, from the nature and stipulations of the…
2Cited by5 opinions
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