Lyon v. Summers
Supreme Court of Connecticut
This was an action on a promissory note, made by Stephen Summers, dated the 2d day of November, 1824, for 609, dollars, 59 cents, payable to Andrew Lyon, jun. The defendant pléaded in bar the matters following.
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This was an action on a promissory note, made by Stephen Summers, dated the 2d day of November, 1824, for 609, dollars, 59 cents, payable to Andrew Lyon, jun. The defendant pléaded in bar the matters following. At the time of executing the note in suit, and as part of the transaction, the plaintiff executed and delivered to the defendant a writing in these words: “ Toallwhom it may concern, Know ye, that I» Andrew Lyon, jun. have, this day, received of Stephen Summers his note of hatid, amounting to 609 dollars, 59 cents, which is the amount of an execution recovered against Isaac Wakelee,…
1Opinion of the CourtDaggett, J.
It is not easy for any intelligent judge to look at this case, and not suspect, that this note was executed to enable the holder to practice a fraud. It is true, that the note is not negotiable, not being payable to order. By the rules of the common law, therefore, it cannot be assigned so as to vest the legal interest in any other person. Still the assignment of such a note, transfers the equitable title, which will be recognized in a court of equity, and also in a court of law, and fully protected. It must be sued in the name of the promisee, and is liable to all the equity which subsisted…
2Cases cited2 opinions
- Beckwith v. AngellSupreme Court of Connecticut · 1823
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
3Cited by7 opinions
- Lengel v. New Haven Gas Light Co.Supreme Court of Connecticut · 1955
- Torry v. HolmesSupreme Court of Connecticut · 1835
- Flint v. ClarkSupreme Court of Connecticut · 1839
- Credito y Ahorro Ponceno v. GorbiaCourt of Appeals for the First Circuit · 1928
- Backus v. DanforthSupreme Court of Connecticut · 1834
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