18 Mass. 503
Massachusetts Supreme Judicial Court
Decided September 15, 1823
Massachusetts Supreme Judicial Court · decided 1823-09-15
This was an action of trover for a promissory note wade by one Kilburn, payable to the plaintiff or his order, as part of the consideration of a deed of land given by the plaintiff to Kilburn. The note had been deposited with the defendant, to be delivered to the plaintiff in case no deed of mortgage incumbering the land should be found on the records of this county, and none was found.
Decided 1823-09-15
¶1The assignment gave Reed only an equitable interest in the note, the legal property still remaining in the plaintiff. The assignor, with the consent of the assignee, may maintain this action.
¶2Judgment according to the verdict.
¶3See Gibbs v. Merrill, 3 Taunt. 307; Tuttle v Cooper, 10 Pick. 282 287 Burgess v. Merrill, 4 Tax Tt. 468.