Perry v. Barry

Decided December 15, 1804

District of Columbia District Court · decided 1804-12-15

Indebitatus assumpsit for money had and received by defendant to the use of the bankrupt, and of the plaintiffs as his assignees. Hadfield, of London, held a protested bill for $19,000, drawn by Browne, of Richmond, Virginia, and assigned it to Muilman & Co., of London, for collection, who employed Barry (the defendant) as their agent to collect it. Muilman & Co. became bankrupt. Barry collected the money and remitted it to Hadfield, who afterwards also became bankrupt.

Decided 1804-12-15

The Court

¶1was of opinion, 1. That the assignment did not give the 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 the laws of Maryland (1704 and 1753) enacted upon that subject; 2. That there was no evidence of an express assumpsit by the defendant to the plaintiffs, and if there was, yet as the assignment is to be considered as *206totally 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.

¶2The plaintiff’s became nonsuit.