Sabin v. Hamilton
Supreme Court of Arkansas
Appeal from Sevier Circuit Court. Absent, Ringo, Chief Justice. This was an action of covenant instituted by Sabin, as administrator of Ludovicus Belding, deceased.
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Appeal from Sevier Circuit Court. Absent, Ringo, Chief Justice. This was an action of covenant instituted by Sabin, as administrator of Ludovicus Belding, deceased. Richard C. Byrd, Ludovicus Belding and Jesse Shelton, entered into a contract under seal, by which the latter agreed to furnish and supply the emigrating Choctaw Indians 2200 rations, to be delivered according to the terms of the contract which the parties of the first part had made with the agent of the United States, for supplying those Indians with 360,000 rations. And in consideration of the party of the second part complying…
1Opinion of the CourtLacy, Judge
The instrument sued on contains an assignment of a contract coupled with a warranty. It is perfectly clear to our minds that the assignments passed no legal interest in the contract attempted to be assigned, according to our statute of assignments, then in force, to the plaintiff, in such manner as to enable him to maintain the action in his own name. Steele and McCampbelPs Dig. p. 74, sec. 1. But the assignment unquestionably passes the equity in the contract.
It is contended in behalf, of the defendant in error that the declaration is defective, because it wholly fails to show that the…
2Cited by2 opinions
- Austin v. CallowayWest Virginia Supreme Court · 1913
- Wilkerson v. EadsSupreme Court of Arkansas · 1911