Lenox v. Roberts
Supreme Court of the United States
This was a suit in chancery, brought by the ap» pellants against the respondent, in the circuit, court of the District of Columbia, for the county of Alex ándria; the complainants, in théir. bill, stated that the president, directors, and company of the Bank of the United States, by their deed, assigned to Thomas Willing, John Perot, and James S. Cox, their executors, administrators, and assigns, all -and . singular the mortgages, judgments, suits, bonds, bills, notes,…
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This was a suit in chancery, brought by the ap» pellants against the respondent, in the circuit, court of the District of Columbia, for the county of Alex ándria; the complainants, in théir. bill, stated that the president, directors, and company of the Bank of the United States, by their deed, assigned to Thomas Willing, John Perot, and James S. Cox, their executors, administrators, and assigns, all -and . singular the mortgages, judgments, suits, bonds, bills, notes, debts, securities, contracts, goods, ohattels, monny, and effects, whatsoever, due or belonging to the hank; together with…
1Opinion of the CourtChief Justice Marshall
The court will not give any opinion whether any action can be maintained at law upon any of the promissory notes in the record, by an assignee who does not claim the same by an endorsement upon the notes. For, in this case, there is no specific assignment of these notes; the only assignment is a general assignment, in trust, of all the property of the late bank of the United States, and, as the act of incorporation had expired, no action could be maintained at law by the bank itself. Under these circumstances, the court is clearly of opinion that a suit may be maintained in equity against the…
2Cited by28 opinions
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- Bacon v. RobertsonSupreme Court of the United States · 1856
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
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