Herndon v. Ennis
Herndon v. Ennis
Opinion of the Court
The defendant sustained no injury by the
The material question is, whether it was necessary for the plaintiffs, under the general denial, to prove the authority to make the assignment. We are of opinion that it was not. The Statute provides that, where suit is brought by the assignee, the assignment shall be regarded as fully proved, unless the defendant shall deny in his plea that it is genuine, and file an affidavit, &c. (Hart. Dig. Art. 2524.) Where, as in the present case, the assignment is made by an agent, full proof of the assignment must include, as well proof of the authority of the agent, as of the fact of the assignment. The Statute is very comprehensive in its terms, and sufficiently so, we think, to include every fact which it would have devolved on the plaintiff to prove in order to establish his right as assignee, in the absence of the Statute. We are of opinion therefore that there is no error in the judgment and it is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- J. H. Herndon v. Cornelius Ennis and Another
- Cited By
- 1 case
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- Published