Thayer v. Daniels
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiff December 10, 1872, recovered judgment against John M. Daniels, one of the defendants, for $707.37 damages and $103.12 costs, which had been but in part satisfied, leaving due at the time of the filing of the bill $692.11, with interest from the date of the judgment; that John M. Daniels had no property which could be come at to be attached or taken on execution for its payment; that John M. Daniels had recovered a judgment against…
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Bill in equity alleging that the plaintiff December 10, 1872, recovered judgment against John M. Daniels, one of the defendants, for $707.37 damages and $103.12 costs, which had been but in part satisfied, leaving due at the time of the filing of the bill $692.11, with interest from the date of the judgment; that John M. Daniels had no property which could be come at to be attached or taken on execution for its payment; that John M. Daniels had recovered a judgment against Mahlon M. Daniels, the other defendant, for about $80 damages and $120 costs of suit; that no execution had been issued…
1Opinion of the CourtDevens, J.
It is contended on behalf of the plaintiff, who is a creditor of J. M. Daniels, that inasmuch as no notice was given to Mahlon M. Daniels, before the filing of this bill, of the assignment of the claim against him and the suit brought thereon either by the assignor J. M. Daniels or Cook the assignee, the title of Cook had not been perfected, and, even if he was an assignee for a valuable consideration, that Cook is not entitled to hold the judgment and the avails thereof against the plaintiff.
The rule in England would seem to be that as between successive purchasers of a chose in action he…
2Cases cited3 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
3Cited by32 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- Hall v. Kansas City Terra Cotta Co.Supreme Court of Kansas · 1916
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