Dickerson v. Kelley
Superior Court of Delaware
Ceetioeaei to Charles W. Kelley, a Justice of the Peace in and for Kent County. A judgment note was given in this case by John H. Dickerson to F. L. Hardesty. There was afterwards an assignment of same by the obligee to one T. H. Kelley, and judgment was entered in the name of the said T. H. Kelley.
Read the full summary
Ceetioeaei to Charles W. Kelley, a Justice of the Peace in and for Kent County. A judgment note was given in this case by John H. Dickerson to F. L. Hardesty. There was afterwards an assignment of same by the obligee to one T. H. Kelley, and judgment was entered in the name of the said T. H. Kelley. Mr. Magee contended that the judgment should have been entered in favor of the assignee by his full name, and not by his initials, because the maker of the note is entitled to know whom he owes, and the person into whose hands the note had come. The exceptions filed were as follows : First. For…
1Opinion of the Court
Grubb, J:
My own impression is, in the absence of authority, that although if judgment should be entered in favor of F. L. Hardesty, without his full name being used, it would be a valid judgment under our decisions, because there was an express and specific authority to enter it by said Hardesty’s initials; but when you go beyond that to the assignee who is not mentioned specifically in the note and not authorized expressly in the warrant to take judgment by his initials, you must show some authority for it, for the authority is not there. If you cannot show such authority in the assignee to…
2Cited by4 opinions
- Woodward v. DanielsSuperior Court of Delaware · 1925
- Calhoun v. F. G. Elliott Hdw. Co.Superior Court of Delaware · 1931
- Ajax Rubber Co. v. GamSuperior Court of Delaware · 1919
- Money v. HartSuperior Court of Delaware · 1932