3 Me. 346 | Me. | 1825
delivered the opinion of the Court, at the ensuing August term in Oxford, as follows.
In this case the only question presented by the. exceptions, which are a part of the record, is whether the instructions given by the presiding Judge of .the Court of Common Pleas were correct and legal ? If not, the judgment must be reversed and a trial had in this Court; when all the facts in support and defence of the original action may be re-examined and decided upon, according to their merits by the Court and jury. On this writ of error we can only notice the objections raised on the exceptions to.the Judge’s instructions, in relation to the sufficiency of the assignment made by Robbins to the Messrs. Stockbridge, for whose use the action was brought, of the debt due to him from Bacon the present defendant. The words of the Judge are, that c‘ as the “ Messrs. Stockbridge did not give the defendant any intimation “ that they were the owners of the demand in question, on its “ having been assigned to' them, other than what was apparent “ upon the face of the account and order, the defendant was not “ bound to know that an assignment had been intended.” It will be admitted that if the account and order at the foot of it, were legal evidence, when unimpeached, of an assignment of the debt due fi;om Bacon to Robbins; and that the exhibition of it by the Messrs. Stockbridge to Bacon was evidence, when unimpeached, of their ownership of it, then the defendant was bound to know that an assignment thereofhad been intended.; The bill of exceptions does not diáclose any such impeaching evidence; and Parsons