Dyer v. Homer
Massachusetts Supreme Judicial Court
This was assumpsit on a promissory note, dated the 23d of December, 1835, for $1500, made by the defendant’s intestate Eugene A. Homer, payable to E. D. Dyer and S. Dyer, the plaintiffs, (but not to their order,) in six months. At the trial, before Wilde J., the defendant offered Philo S. Shelton as a witness, but he was objected to as being interested.
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This was assumpsit on a promissory note, dated the 23d of December, 1835, for $1500, made by the defendant’s intestate Eugene A. Homer, payable to E. D. Dyer and S. Dyer, the plaintiffs, (but not to their order,) in six months. At the trial, before Wilde J., the defendant offered Philo S. Shelton as a witness, but he was objected to as being interested. To show his interest, it was proved or admitted, that the Intestate was the son of Benjamin P. Homer, and that upon his death the father, who was then living, became sole heir to his property; and that afterwards the father died, leaving a…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The note, not being negotiable, is entitled to none of the privileges or advantages due to mercantile securities. These constitute, to some extent, a circulating medium, and their unembarrassed circulation is so important to commercial prosperity, that the law looks upon them with great favor, and where they are not absolutely void, will always enforce them in the hands of a bona fide indorsee. But this is a common chose in action, which, in law, is' never assignable. It may however be transferred, and the assignment vests in the assignee an…
2Cases cited3 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Jenkins v. BrewsterMassachusetts Supreme Judicial Court · 1817
3Cited by4 opinions
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