Bacon v. Williams

77 Mass. 222

• Court: Massachusetts Supreme Judicial Court
• Decided: October 15, 1858
• Status: Published

Opinion

By the Court.

1. The right of action on this note passed by the assignment to the assignee in insolvency, and was not affected by the subsequent death of the debtor; and the assignee, upon motion made while the action was still pending in court, was rightly admitted to prosecute it for the benefit of the estate. St. 1838, c. 163, § 5.

2. The assignee was also a competent witness; but by the terms of the statute the defendants could not be witnesses. St. 1857, c. 305, § 1. Howe v. Merrick, ante, 129.

Exceptions overruled.

The defendants also moved for a new trial, upon the ground of a discovery of a receipt since the verdict, and, although the plaintiff objected that the evidence was merely cumulative, a new trial was granted, upon which the plaintiff obtained a verdict and judgment. 13 Gray, 525.