Opinion
October Term, 1792
Assignor of a bill can strike out assignment and sue as obligee.
DEBT on a single bill, and payment pleaded. The bond had been assigned by Dook, the obligee, to Benton, and had the assignment scratched out with a pencil. Objected, the assignment had transferred the interest of the bond to Benton, and therefore his executors were the proprietors. To this it was answered, the assignors having possession of the bond, is evidence of his having paid the money to the assignee, and that enables the assignor to sue in his own name; besides, the endorsement was struck out.
The possessor had a right to strike out the endorsement, and now the case is no more than that of a bond made to the obligee, which he has an undoubted right to recover the money upon; and so a verdict was given for the plaintiff and he had judgment.
Cited: Price v. Sharp, 24 N.C. 421; Smith v. St. Lawrence, post, 174; Casey v. Harrison, 13 N.C. 245.