Block v. Walker
Supreme Court of Arkansas
Error to Hempstead Circuit Court. This was an action of debt, commenced by James II. Walker, for the use of Nicholas T. Perkins, against Abraham Block and William Simms, on a common money bond.
Read the full summary
Error to Hempstead Circuit Court. This was an action of debt, commenced by James II. Walker, for the use of Nicholas T. Perkins, against Abraham Block and William Simms, on a common money bond. The defendant, Block, pleaded that after the making of the bond, and before the commencement of the suit, to wit, &c., Walker made over, transferred, endorsed, and assigned all’his right, title, claim, and interest, of, in, and to the bond, to Perkins, and delivered him the bond so endorsed, and by the endorsement and delivery directed the amount to be paid to Perkins; whereby he, Walker, parted with…
1Opinion of the CourtLacy, Judge
The demurrer to the replication raises the only question presented by the assignment of errors, which is, was the legal interest in the writing obligatory, at the time of the institution of the suit, vested in the plaintiff in the action? The decision of this question involves the construction of our statute of assignments, and such general legal principles as are applicable to the case.
Anciently, at common law, choses in action were not assignable. They were first made so ás respects foreign bills of exchange by the law merchant, and the payee not only had the right of transferring the legal…
2Cited by10 opinions
- Dickinson v. BurrSupreme Court of Arkansas · 1854
- Purdy v. BrownSupreme Court of Arkansas · 1842
- Owen v. LavineSupreme Court of Arkansas · 1854
- Pulpwood Suppliers, Inc. v. First National Bank in StuttgartCourt of Appeals of Arkansas · 1987
- Sumpter v. TuckerSupreme Court of Arkansas · 1853
5 more not listed; retrieve them via the Exa API.