Boyd v. Holmes

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

Debt by Boyd, as the assignee of a title bond, against the obligors, Alexander and George Holmes. Demurrer to the declaration and judgment for the defendants. The declaration alleged that the bond was payable to Delavan Martin and Francis F. Jewett; that Jewell assigned his Interest in the bond to Alphonso Martin; and that the said Alphonso Marlin and Delavan Martin assigned the bond to the plaintiff.

Decided 1849-11-15

Per Curiam.-

¶1— “ The only question is, whether one of two obligees of a bond can assign his interest separately, so that his assignee and the other obligee will be the legal holders of it? We do not think that such an assignment is authorised by the statute.”

¶2Judgment affirmed, &c.