Cummings v. Lynn
Supreme Court of Pennsylvania
THIS was an action of Covenant, and the circumstances under which it came before the Court, were these: The plaintiff filed a declaration in the following words; "Joseph Lynn, late of the county of Philadelphia, yeoman, was sum " moned to answer James Cummings, assignee of James Campbell, and "Stephen Kingston, who were assignees of George Turner, of a plea that " he hold with him the covenants and agreements of him the said Jo- " seph with the said George made, according to…
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THIS was an action of Covenant, and the circumstances under which it came before the Court, were these: The plaintiff filed a declaration in the following words; "Joseph Lynn, late of the county of Philadelphia, yeoman, was sum " moned to answer James Cummings, assignee of James Campbell, and "Stephen Kingston, who were assignees of George Turner, of a plea that " he hold with him the covenants and agreements of him the said Jo- " seph with the said George made, according to the force, form, and " effect of a certain deed thereof by him the said Joseph, with the said " George made, &c. And…
1Opinion of the Court
The Chief Justice
now delivered the unanimous opinion of the Court;—That the assignment by Joseph Parker to Joseph Lynn was not an assignment according to the act of assembly ( 1 State Laws 77.)but only a transfer of the equitable interest in the bond ; and that Joseph Lynn could not by virtue thereof maintain an action against the obligor in his own name. The bond was payable to Lestargette; and, although Parker might have released it, it could only at common law, be sued or assigned by the former, See Jenk, Cent. 221. ca. 75.
That Joseph Lynn, the defendant, only assigned his equitable…
2Cited by3 opinions
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Folwell v. BeaverSupreme Court of Pennsylvania · 1825
- Cheltenham Township v. Philadelphia Rapid Transit Co., Pennsylvania Court of Common Pleas, Montgomery County1924