Odam v. Beard

| Ind. | May 20, 1822

AN assignee against an assignor of a sealed note. Assignment as follows: — “For value received, I do hereby assign all my right to the within note to Jesse Beard, Feb. 20, 1820. — David Odam.”' The plaintiff had previously sued the maker, who proved to be insolvent. Held, that parol evidence was inadmissible to show that the assignment was without recourse ⁽¹⁾.

Held, also, Holman J. dissentiente, that if the maker was solvent at the term when the assignee might have obtained judgment against him but for a defect in the declaration, and if that defect occasioned a continuance whereby the plaintiff failed to obtain the money, from the maker, the assignor was not liable.