Reports of Cases At Common Law And in Chancery, Argued And Determined in the Supreme Court of the State of Illinois 1 (1819 - December Term, 1831)
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In our eReader you can find the full English version of the book. Read Reports of Cases At Common Law And in Chancery, Argued And Determined in the Supreme Court of the State of Illinois 1 (1819 - December Term, 1831) Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases At Common Law And in Chancery, Argued And Determined in the Supreme Court of the State of Illinois 1 (1819 - December Term, 1831)
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Brinkley to Going. On the back of the note is an assignment by Going to Thomas Hulett; DECEMBER TERM, 1830. 367 Brinkley v. Going.
the signature of Going to the assignment is cros-'ied, and from the bill of exceptions containing the evidence, it appears that the defendant below acknowledged, after the judgment of the justice was rendered, that the note was just, though it does not appear that he knew of the assignment.
For the appellants it is contended, that Going can not main- tain this actio...n in his own name without accounting for the assignment or a retransfer of the note. This position is untena- ble. Tlie indorsement on the back of the note is in the con- trol of the payee, which he may strike out or not, as he thinks proper, and in this case he has stricken it out. But even if the assignment had remained perfect, the possession of the note by the payee, is, unless the contrary appears, evidence that he is the bona fide holder and owner of the note, and will enable him to maintain an action in his own name witliout a reassignment, or receipt from the assignee, and the allegation that he is assignee, may be regarded and rejected as surplus- age.
What to read after Reports of Cases At Common Law And in Chancery, Argued And Determined in the Supreme Court of the State of Illinois 1 (1819 - December Term, 1831)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Brinkley to Going. On the back of the note is an assignment by Going to Thomas Hulett; DECEMBER TERM, 1830. 367 Brinkley v. Going.
the signature of Going to the assignment is cros-'ied, and from the bill of exceptions containing the evidence, it appears that the defendant below acknowledged, after the judgment of the justice was rendered, that the note was just, though it does not appear that he knew of the assignment.
For the appellants it is contended, that Going can not main- tain this actio...n in his own name without accounting for the assignment or a retransfer of the note. This position is untena- ble. Tlie indorsement on the back of the note is in the con- trol of the payee, which he may strike out or not, as he thinks proper, and in this case he has stricken it out. But even if the assignment had remained perfect, the possession of the note by the payee, is, unless the contrary appears, evidence that he is the bona fide holder and owner of the note, and will enable him to maintain an action in his own name witliout a reassignment, or receipt from the assignee, and the allegation that he is assignee, may be regarded and rejected as surplus- age.
What to read after Reports of Cases At Common Law And in Chancery, Argued And Determined in the Supreme Court of the State of Illinois 1 (1819 - December Term, 1831)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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