Fetterman ex rel. Fetterman v. Plummer's Administrator
Supreme Court of Pennsylvania
Writ of error to Venango county, in an action brought by the plaintiff in error, on a single bill of Samuel Plummer to John Fetterman, dated Jiugust 7th, 1805, for 100 dollars, payable on demand. The plea was payment, with leave to give the special ihatters in evidence.
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Writ of error to Venango county, in an action brought by the plaintiff in error, on a single bill of Samuel Plummer to John Fetterman, dated Jiugust 7th, 1805, for 100 dollars, payable on demand. The plea was payment, with leave to give the special ihatters in evidence. The plaintiff, after having given the single bill in evidence, and an equitable assignment of it, dated November 1st, 1810, by John to James Fetterman, indorsed thereon, proved by the testimony of Falph .Marlin, Esq. attorney at law, that he had received the single bill from James Fetterman, to ■ bring suit upon it against…
1Opinion of the Court
The opinion of the court was delivered by
DüNcan, J.
The only question is, can the nómina! plaintiff who has assigned equitably an obligation under seal, be received as a witness to support the action. The person holding the beneficial interest in a chose in action not assignable, or one which is assignable, but where the assignment does not pursue the prescribed form, is regarded as the real party. This instrument was equitably assigned to James Fetterman before the bringing of the action. The suit was commenced and carried on by him and for his use. If the defence set up had been, that,the…
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