5 S.C.L. 2
Supreme Court of South Carolina
Decided December 15, 1811
Supreme Court of South Carolina · decided 1811-12-15
Assumpsit, brought in Pendleton district. Tried before Bay, J. The evidence reported was to this effect: The plaintiff gave his bond to one R. A., conditioned to make titles to a certain tract of land, in a penal sum, which bond R. A. assigned to the defendant, with the plaintiff’s consent.
Decided 1811-12-15
¶1The bond not being assignable under the A. A. 1798, so as to enable the assignee to bring an action in his own name, as assignee, subject to all the equity, &c., is no sufficient objection to its being a subject of discount, as the note was the consideration of the assignment of the bond. The contract was one relating to the assignment, and the promissory note, and between the same ■parties.
¶2Motion granted.