Sanford v. Nichols
Supreme Court of Connecticut
This was an action on the case against Theophilus Nichols, a deputy sheriff, for neglect of duty in relation to certain goods, which he had attached in a suit brought by the plaintiff against George Jones, on a promissory note.
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This was an action on the case against Theophilus Nichols, a deputy sheriff, for neglect of duty in relation to certain goods, which he had attached in a suit brought by the plaintiff against George Jones, on a promissory note. The cause was tried at New-Haven, October term, 1840, before Williams, Ch, J. The plaintiff, having proved, that a writ of attachment was taken out in his name against Jones, and put into the hands of the defendant, then a deputy sheriff, who attached thereon certain articles of personal property, specified in the declaration ; and that the plaintiff obtained judgment…
1Opinion of the CourtChurch, J.
1. An action at law can be sustained by him only, in whom the legal interest in the subject ^natter of the suit is vested. The subject matter of this suit, is the negligence of the defendant.
If the action was upon the note itself, against the promiser, the action could only be sustained by the promisee, notwithstanding the assignment; because a chose in action cannot be so assigned, as to give the assignee a legal right to sue upon it, in his own name. This is an established principle, and we have no disposition to evade it. In such case, the subject matter of the suit would be, the promise…
2Cases cited6 opinions
- Magill v. LymanSupreme Court of Connecticut · 1825
- Scott v. CraneSupreme Court of Connecticut · 1814
- Bishop v. HolcombSupreme Court of Connecticut · 1835
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
- Lyon v. SummersSupreme Court of Connecticut · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Upson v. SwezeySupreme Court of Connecticut · 1873