Colbourn v. Rossiter
Supreme Court of Connecticut
THIS was an action against tlie defendant, as sheriff of the county of JYew-Haven, lor the escape of Ralph Pearl. Pearl had given a note for 200 dollars, payable to the plaintiff, or order ; which the plaintiff sold and delivered to Stephen Walkley, without indorsing it.
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THIS was an action against tlie defendant, as sheriff of the county of JYew-Haven, lor the escape of Ralph Pearl. Pearl had given a note for 200 dollars, payable to the plaintiff, or order ; which the plaintiff sold and delivered to Stephen Walkley, without indorsing it. Shortly afterwards, Walkley, solely for his own benefit, instituted a suit, in the plaintiff’s name, on the note j recovered judgment j took out execution : and caused the body of Pearl to be arrested thereon, and committed to prison. Pearl then issued a citation to Walkley to appear at the gaol, and shew cause why the poor…
1Opinion of the Court
Swift, Ch. J.
The note in question was negotiable ; but not having been actually indorsed, it did not vest in ft'alkley, and stands on the footing of a note not negotiable. It is agreed, that such notes may be assigned, by delivery only, so far as they are assignable j and the question is, whether a note thus assigned vests such an interest in the buyer, that in a petition for an act of insolvency, it is sufficient to make the assignee only a party, without averring an assignment, or making the promissee a party.
It is a principle of the common law, that a chose in action can never be…
2Cases cited3 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Potter v. WheelerMassachusetts Supreme Judicial Court · 1816
- Coleman v. WalcottSupreme Court of Connecticut · 1809
3Cited by9 opinions
- Magill v. LymanSupreme Court of Connecticut · 1825
- Porter v. SeeleySupreme Court of Connecticut · 1840
- Lyon v. SummersSupreme Court of Connecticut · 1829
- Baker v. DavisSuperior Court of New Hampshire · 1850
- Follansbee v. BirdMassachusetts Supreme Judicial Court · 1851
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