Guthrie v. White
Guthrie Aſſignee verſus White.
A Certiorari was iſſued to John Culbertſon Eſq; one of the Juſtices for the county of Cheſter, to remove the proceedings in this cauſe; and the record being accordingly returned, it appeared that one Irwin, having maintained the Defendant's daughter for ſeveral weeks made out an account againſt him, and, after ſwearing to the truth and juſtice of its contents, he aſſigned all his right, title and intereſt therein to the Plaintiff. The debt being under ten pounds, the Plaintiff, in his own name, ſued the father before the Juſtice upon this aſſignment, and obtained a judgment and execution againſt him; although, as it was ſtated in the Defendant's depoſition, his daughter was of full age at the time of contracting the debt, and no aſſumption, upon his part, had been proved or ſuggeſted.
Bradford moved to reverſe the Judgment; 1ſt, on account of the general irregularity of the proceedings; and 2dly, becauſe an action could not be maintained, by the aſſignee of a ſimple contract debt, in his own name.
The Court conſidered the whole proceedings to have been irregular; but ſaid, that there could be no doubt of the ſufficiency of the ſecond reaſon alone, as a ground for ſetting them aſide. And the Judgment was accordingly reverſed.