5 Day 485 | Conn. | 1813
This was a scire-facias, brought for the purpose of recovering a debt due from E. and A. Townsend to the plaintiffs, on the ground that the defendant was a debtor to E. and A. Townsend ; and the only question, which arose at the trial, was, whether the defendant was so indebted.
The defendant, for a debt due from him to E. and A. Townsend, at Derby in this state, executed his note, payable to the order of Norton & Bush, and having procured their endorsements, deliverd the same over to E. and J. Townsend, who were then at Derby. Soon afterwards, at New-Yorlc, E. and A. Townsend endorsed the note over to the Merchants' Bank, who, thereupon, received and discounted the same, hut gave no notice ¡hereof to the defendant, until after copies were left in service in the original action. Whereupon the i ouvt decided, and gave it in charge to the jury, that the defendant was not a debtor to E. and A. Townsend, at the time the copies were left in service. The question for this court to decide, is, whether that charge was correct.
'Idle plaintiffs’ counsel insist, that the assignment to the Merchants’ Bank was incomplete ; arid that the defendant remained a debtor to E. and A. Townsend until notice of such assignment was given to the defendant; and the case of
But again, this note in the hands of E. and A, Townsend. when in New-York, was, in its form, such as, by the laws oi that state, are negotiable; and the assignment of it to the Merchants' Bank, must be governed by the laws of that state This assignment, therefore, by the laws of the state of New-York, vests an absolute property in the Merchants' Bank. without any notice given to the maker ; so that, on cithc, ground, I should not advise a new trial.
New trial not to be granted