2 Stew. 500 | Ala. | 1830
It is a rule of law well aseertained, that one person cannot make another his debtor, against his consent. This rule is, however, subject to ex■ception in case where the legal interest passes by assignment, as promissory notes, bills, &c. and also where judgments, accounts, &c. assigned, are sued on in the name of ■the party to whom they appear to have been originally •due; there the assignment is equivalent to a letter of attorney, to sue in the name of the assignor.
Upon analogy, we think that one defendant, who is charged as having been a partner with another, cannot, after dissolution, bind the other to third persons, by a request t®
From what we have said, it is inferable, that without proof of request, the plaintiff might prosecute actions upon the judgments for his benefit, and that their payment by, and transfer to him, would not be considered such a satisfaction as to prevent a recovery.
Judgment affirmed.
33^'®john 43i! ’s John! Jolm.87.