8 Blackf. 304 | Ind. | 1846
This was an action of assumpsit by an assignee against the assignors of a promissory note. The action was commenced before a justice of the peace. The note, with the indorsement thereon, was-filed as the cause of action. Judgment before the justice for the plaintiff, and an appeal taken to the Circuit Court. Judgment in that Court for the defendants.
The case is as follows: The indorsed note, filed with the justice as above stated, bore date March 21, 1842, and was payable, one day after date, by Squire Long to Cason Burckhalter. In June, 1842, Long, the maker, died. In May, 1843, Burckhalter assigned the note to Kinworthy and Son, the present defendants, and they assigned it to Hardesty, the present plaintiff. Before the assignment of the note by Burckhalter, the estate of Long had been declared insolvent by the proper Probate Court, but it would pay a dividend, uncertain in amount, on the claims against it. Without waiting to receive this dividend, Hardesty sued his assignors for the amount of the note; and the question is whether he should have delayed such suit till after the settlement, and distribution of the assets, of the maker’s estate.
Had the maker been living, it would, according to previous
It is also insisted by the defendants’ counsel, that, but for the negligence and waste of the administrator, Long’s estate would have paid all his debts; and that the assignee must take his remedy against the administrator for such waste, before looking to the assignors. The decision of this point is not necessary in the case before us, and we prefer to defer the consideration it demands, till the right determination of a cause may require its bestowment.
It is also objected that the cause of action is insufficient. It was held in Watson v. New, 4 Blackf. 313, that the note and indorsement constituted a good cause of action, in a suit by the assignee against the assignor.
The judgment is affirmed with costs.