Searcy's Heirs v. M'Cumpsey

Court of Appeals of Kentucky

Searcy's Heirs v. M'Cumpsey

9 Ky. 204, 2 A.K. Marsh. 204, 1820 Ky. LEXIS 12

DecidedApril 13, 1820

StatusPublished

This text of 9 Ky. 204 (Searcy's Heirs v. M'Cumpsey) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Searcy's Heirs v. M'Cumpsey, 9 Ky. 204, 2 A.K. Marsh. 204, 1820 Ky. LEXIS 12 (Ky. Ct. App. 1820).

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Opinion

Judge Owsley

delivered the opinion of the court.

This action having been brought in the name of the assignee upon an obligation not assignable at common law, and under an assignment made prior to the passage of the act authorising the assignment of such writings, according to the repeated decisions of this court, cannot be sustained.

The judgment in favor of the plaintiff in the circuit court, must, therefore, be reversed with cost, the cause remanded to that court, and judgment entered in favor of the defendants there, upon their demurrer to his declaration.

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Judge Owsley

delivered the opinion of the court.

This action having been brought in the name of the assignee upon an obligation not assignable at common law, and under an assignment made prior to the passage of the act authorising the assignment of such writings, according to the repeated decisions of this court, cannot be sustained.

The judgment in favor of the plaintiff in the circuit court, must, therefore, be reversed with cost, the cause remanded to that court, and judgment entered in favor of the defendants there, upon their demurrer to his declaration.

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Bluebook (online)

9 Ky. 204, 2 A.K. Marsh. 204, 1820 Ky. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searcys-heirs-v-mcumpsey-kyctapp-1820.