Levy v. Levy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 128. This was an action brought December 17th 1873, by Abraham Levy and Lewis Levy, trading, &c., as Levy and Brother, against Simon Levy. The statement of the plaintiffs’ claim filed in the suit, included a book account of Levy, Brother & Co., for $786, and one of Samter & Ash for $682.24, against the defendant.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 128. This was an action brought December 17th 1873, by Abraham Levy and Lewis Levy, trading, &c., as Levy and Brother, against Simon Levy. The statement of the plaintiffs’ claim filed in the suit, included a book account of Levy, Brother & Co., for $786, and one of Samter & Ash for $682.24, against the defendant. These claims on the 2d of December 1872 had been assigned to the plaintiffs in the state of New York. The statement filed included also a claim for $358.13 on a book account of their own against the…
1Opinion of the CourtJustice Paxson
*509The defence in this action is purely technical. The affidavi' of the defendant does not deny the original indebtedness, but avers that the amount due the plaintiffs in their own right has been paid, and as to the claims assigned to them, they could not sue in their own name. The rule is well settled in this state, that a suit upon a chose in action must be brought in the name of the holder of the legal title. An assignment of bonds, specialties and notes, under the Act of 28th of May 1715, passes the legal title, and the assignee may sue in his own name. This act has no application to debts…
2Cases cited5 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Myers v. . DavisNew York Court of Appeals · 1860
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
3Cited by8 opinions
- Italo-Petroleum Corporation of America v. HanniganSupreme Court of Delaware · 1940
- California Fruit Exchange v. HenryDistrict Court, W.D. Pennsylvania · 1950
- Newspaper Readers Service, Inc. v. Canonsburg Pottery Co.Court of Appeals for the Third Circuit · 1945
- Magee v. McNanyDistrict Court, W.D. Pennsylvania · 1950
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
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