Summary
In M'Cullum v. Coxe, 1 Dallas 139 (1785), Chief Justice McKEAN observed that the practice of bringing suits to use had always prevailed when he was at the bar.
Summary of this case from Lit Bros. v. GoodmanOpinion
SEPTEMBER TERM, 1785.
THE jury were at the bar to try the issue in this case, when Levy moved to discontinue, in consequence of a power of attorney granted by the plaintiff for that purpose. But it was opposed by Ingersoll in behalf of General Forman, to whom, for a valuable consideration, the Plaintiff had assigned the debt, and the defendant had undertaken to pay it to him accordingly.
These facts being made to appear, THE COURT said they would not allow any collutive settlement between the original parties, to affect General Forman's bona fide assignment, and ordered the jury to be sworn. And M'KEAN, Chief Justice, observed, that where an action was brought under such circumstances, it ought to be mentioned upon the docket for whose use; a practise which had always prevailed when he was at the bar.