¶1The act of 1808, 2 Faust, 214, authorizes the as-signee or assignees of a “ bond, note or bill,” not payable to “ order, or not negotiable,” to bring an action for the recovery of the same, in his, her or their own name or names. It embraces, according to my construction of it, every instrument of writing of the description mentioned, which was not negotiable before. By what mode of reasoning it can be construed to relate only to bonds, notes, and bills, payable to a person and his assigns, I cannot conceive. I am of opinion that the action was well- brought, and that the nonsuit ought to be set aside. If we take the letter of the law, it relates to all non-negotiable bonds, bills, or -notes. If we take the spirit of it, it must be extended to them ; for the object of the law •was to give currency to paper not before transferable. So that which ever way we take it, we arrive at the same conclusion.
5 S.C.L. 548
Farmer v. Baker
Supreme Court of South Carolina
Decided November 15, 1815
Supreme Court of South Carolina · decided 1815-11-15
This was a proceeding within the summary jurisdiction of the court, to recover the money due on a note riot negotiable, and in the process the plaintiffs styled themselves assignees of the payee. Judge Brevard held that the plaintiffs could not, even under the act of 1808, recover in their own names as assignees, and decreed for defendants. This was, therefore, a motion to set aside this decree, and for a new trial.
Decided 1815-11-15