Cummings v. Morris
New York Court of Appeals
Appeal from the Superior Court of the city of Mew York. The plaintiff sued as indorsee of two promissory notes made by the defendant to the order of James B. Sargeant, payable on demand—one dated October 25, 1852, and the other Movember 13, 1852, and indorsed by the payee to one Prime, a brother-in-law, late in the year 1855, and by the latter indorsed to the plaintiff a few days thereafter.
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Appeal from the Superior Court of the city of Mew York. The plaintiff sued as indorsee of two promissory notes made by the defendant to the order of James B. Sargeant, payable on demand—one dated October 25, 1852, and the other Movember 13, 1852, and indorsed by the payee to one Prime, a brother-in-law, late in the year 1855, and by the latter indorsed to the plaintiff a few days thereafter. The notes were transferred to Mr. Prime by the payee for the benefit of his family, and by way of making a provision for them, and the payee died in the spring of 1857. Prime transferred the notes to the…
1Opinion of the CourtAllen, J.
By statute, every action must now be prosecuted in the name of the real party in interest, except in the few cases of trust and representation excepted by law. (Code, § 111.) The object of this provision was to abolish the distinction between the former practice of courts of common law and chancery, and give full effect at law as well as in equity to assignments of rights in action by permitting and requiring the assignee to sue in his own name. If, as between the assignor and assignee, the transfer is complete, so that the former is divested of all control and right to the cause of action,…
2Cases cited14 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Gay v. GayNew York Court of Chancery · 1843
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
- Murray v. Bogert & KneelandNew York Supreme Court · 1817
- Westerlo v. EvertsonNew York Supreme Court · 1828
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