Davenport v. Barnes

ON CERTIORARI. No warranty is implied in assigning-a bond. This was an action brought by the defendants in this court, who were the plaintiffs before the justice; on the following state of demand, filed with the justice: It appears from the foregoing state of demand, and the proceedings had before the justice, that this action was brought by the assignees of a bond against the assignor, on the failure of the obligor to pay; and this simply on the assignment, no fraud or deceit being alleged, or any special undertaking on the part of the [*] assignor to pay in case of the failure of the obligor. There was a small charge for the balance of a book account: but the particulars were not set out. This cause was tried by a jury, and a verdict and judgment thereon, for one hundred dollars. It was contended, on the part of the plaintiff, that this action could not be sustained ; that the principle had been determined by this court in the case of Garretsie v. Van Ness.1 That even if the charge of a balance of a book account was regular, (which however, was denied,) yet the verdict and judgment being for the whole demand, the judgment must be reversed.