Massachusetts Supreme Judicial Court, 1812

Smith v. Whiting

Smith v. Whiting
Massachusetts Supreme Judicial Court · Decided October 15, 1812
9 Mass. 334
Smith v. Whiting

Cases that cite this one

13 later published cases cite this decision.

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Opinion of the Court

The Court

observed that, having to ked into the cases cited in the argument, they were satisfied that the defendant must prevail. The question is, whether one of two executors is competent to transfer, by endorsement, a negotiable promissory note made to the two in their character of executors. The promisees, not being copartners, had each but a moiety. One, therefore, could not assign the whole. Nor was it competent for him to assign his moiety, (a)

Declaration adjudged had

[Mangram vs Sirurus, 1 Car L. R. 547. — Ed.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.