Bradley v. Trammel

by the U.S. Superior Court for the Arkansas Territory

U.S. Superior Court of the Arkansas Territory

Hempst. 162

John M. Bradley, plaintiff,  v.  Nicholas Trammel, defendant.

1. Under the statute of assignments (Geyer's Digest, 66,) making all bonds, bills, and promissory notes for money or property assignable, to authorize an assignee to sue in his own name, a note must not only be assigned and made over, but must be indorsed. Delivery without indorsement is not sufficient.
2. An indorsement is a written assignment on the back of the note, in the absence of which the holder, neither by statute, nor the common law, can maintain an action against the promisor in his own name.
3. The statutes 3 and 4 Anne, placing notes on the footing of inland bills of exchange, cited, and various cases in connection with them commented on.
4. The maker of a note may set up the same defence against it in the hands of an assignee, that he might make if it were held by the payee.

January, 1832.—Debt, determined before Benjamin Johnson and Thomas P. Eskridge, judges.

[Opinion of the court by Judge BENJAMIN JOHNSON.]