Bury v. Hartman
Supreme Court of Pennsylvania
In Error. THIS action was brought on a single bill assigned by the obligee to the plaintiff, according to the act of assembly passed on the 28th May. 1715. • The defendant, the obligor, * , , ... . , r , r 7 made a payment to the obligee two days alter the assignment, but before he had received notice of it. The 7 below charger! the jury, that the payment was good against the assignee, provided, when the obligor made it he had no notice of the assignment.
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In Error. THIS action was brought on a single bill assigned by the obligee to the plaintiff, according to the act of assembly passed on the 28th May. 1715. • The defendant, the obligor, * , , ... . , r , r 7 made a payment to the obligee two days alter the assignment, but before he had received notice of it. The 7 below charger! the jury, that the payment was good against the assignee, provided, when the obligor made it he had no notice of the assignment. Whether or not this opinion was erroneous, was the question now presented for the decision of this Court. agreed, that in the case of an…
1Opinion of the Court
Tiighman C. J.
Theactof assembly enables the assignee to maintain an action in his own name for the recovery of the money mentioned in the specialty, or so much thereof as shall appear to be due at the time of the assignment, in like manner as the obligee might have done. It was not the in- ' tent of this act to make specialties negotiable in the same manner as bills and notes are made negotiable by the stat. 3 & 4 Ann. ch. 9. For it will be found, by a comparison of the statute and the act, that the makers of this. act, had the statute before them, and designedly departed from it, in some…
2Cases cited10 opinions
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
- Anderson v. Van AlenNew York Supreme Court · 1815
- Coolidge v. IngleeMassachusetts Supreme Judicial Court · 1816
- Wheeler v. HughesSupreme Court of the United States · 1776
- Ludlow v. BinghamSupreme Court of the United States · 1799
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3Cited by3 opinions
- Hodgdon v. NagleeSupreme Court of Pennsylvania · 1843
- Pierce v. McKeehanSupreme Court of Pennsylvania · 1846
- Frants ex rel. Stine v. BrownSupreme Court of Pennsylvania · 1828