Mosher v. Allen

Massachusetts Supreme Judicial Court

Mosher v. Allen

16 Mass. 451

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1820

StatusPublished

Cited by7 cases

This text of 16 Mass. 451 (Mosher v. Allen) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mosher v. Allen, 16 Mass. 451 (Mass. 1820).

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Opinion

Per Curiam.

If the payee of a promissory note, not nego tiable, puts his name on the back thereof, intending [ *453 ] *to transfer it, he authorizes the prosecution of a suit in his name: for there is no other way of making the assignment effectual. But not so when the payee of a negotiable note endorses it; for that act transfers the property and the right of action, and is an assignment in law by the statute of Anne The payee in such case has lost all property in the note, and all control over it. Certainly, without his consent, no action can be maintained upon it in his name.

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Per Curiam.

If the payee of a promissory note, not nego tiable, puts his name on the back thereof, intending [ *453 ] *to transfer it, he authorizes the prosecution of a suit in his name: for there is no other way of making the assignment effectual. But not so when the payee of a negotiable note endorses it; for that act transfers the property and the right of action, and is an assignment in law by the statute of Anne The payee in such case has lost all property in the note, and all control over it. Certainly, without his consent, no action can be maintained upon it in his name.

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Bluebook (online)

16 Mass. 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosher-v-allen-mass-1820.

Opinion

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