Perry v. Barry
This text of 19 F. Cas. 266 (Perry v. Barry) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
was of opinion, 1. That tlie assignment did not give tlie assignees a right to maintain an action in their own names in right of the bankrupt, and that whatever may be the general principle, it must yield to tlie laws of Maryland (1704 and 1753) enacted upon that subject; 2. That there was no evidence of an express assump-sit by the defendant to the plaintiffs, and if there w'as, yet as the assignment is to be considered as totally void, there was no consideration; 3. That if the action had been in the name of the bankrupt, the assignment. being void, could not have been set up as a bar.
The plaintiffs became nonsuit.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
19 F. Cas. 266, 1 Cranch 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-barry-circtddc-1804.