McCullum v. Coxe
Supreme Court of Pennsylvania
The jury were at the bar to try the issue in this case, when Levy moved to discontinue, in consequence of a power of attorney granted by the plaintiff for that purpose. But it was opposed by Ingersoll, in behalf of General *1401 ■^orman’ whom, for a valuable Consideration, the plaintiff had J assigned the debt, and the defendant had undertaken to pay it to him accordingly.
1Opinion of the Court
These facts being made to appear, The Court said they would not allow any collusive settlement between the original parties, to affect General Forman’s bond fide assignment, and ordered the jury to be sworn. And McKean, Chief Justice, observed, that where an action was brought under *145such circumstances, it ought to be mentioned upon the docket, for whose use; a practice which had always prevailed, when he was at the bar. (a)
The beneficial interest vested in the assignee of a chose in action, is now fullyrecognised and protected by the courts of law, as well as chancery; and on the other hand,…
2Cases cited2 opinions
- Steele v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
- Canby v. RidgwaySupreme Court of Pennsylvania · 1808