Andrews v. Brown
Supreme Court of Iowa
Appeal from the Johnson District Court. Brown commenced suit against Andrews, before a justice of tbe peace, on a note for $192, dated January 25, 1853, payable to tbe order of C. C. Brown, thirty days after date» “for pork purchased of him this day,” and signed by Andrews. Tbe assignment on tbe note shows, that it was transferred to tbe plaintiff (E. A. Brown) after due.
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Appeal from the Johnson District Court. Brown commenced suit against Andrews, before a justice of tbe peace, on a note for $192, dated January 25, 1853, payable to tbe order of C. C. Brown, thirty days after date» “for pork purchased of him this day,” and signed by Andrews. Tbe assignment on tbe note shows, that it was transferred to tbe plaintiff (E. A. Brown) after due. Tbe amount claimed in tbe original notice was $80. On tbe 20th of July, 1853, tbe parties appeared before tbe justice. Andrews filed an answer, denying that be owed tbe plaintiff tbe sum claimed, or any other sum whatever,…
1Opinion of the CourtIsbell, J.
(Woodward, J. dissenting). — We think we are justified in saying, that the only substantial question involved in the record of this case is, whether open accounts of sums of money due on contract, are assignable by delivery without writing, so as to vest in the transferee a right of action in his own name, by virtue of section 952 of the Code.
We hold that they a¿re not; that a written assignment is there contemplated; that the true use of the word assigned, when applied to the transfer of a written instrument, implies a written assignment, unless it is controlled by some adjunct, such as by…
2Cited by4 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Williams v. SoutterSupreme Court of Iowa · 1858
- Seymour v. AultmanSupreme Court of Iowa · 1899
- Shackford v. Town of NewingtonSupreme Court of New Hampshire · 1866