Samuel Nelson, Bradford v. Williams — Opinion of the Court
“ The first question, then, arises as to the correctness of the position assumed by the defendant, that the bonds are nullities, and cannot be sued upon at law by the obligees or their assignees.It is a principle of the common law, that no one can be both obligor and obligee in the same bond. He cannot sue himself, and the instrument is a nullity. ”
Samuel Nelson, Bradford v. Williams — Opinion of the Court
“ It is quite common in the mercantile world for one person to be a member of two firms, and for one of such firms to become indebted to the other, yet we have never known such a contract to be held and deemed void, because a court of common law would not take jurisdiction. ”
Samuel Nelson, Bradford v. Williams — Opinion of the Court
“ The concluding clause, providing that 'the assignee or indorsee may bring suit in his own name,' was not intended to 'vest' him with such 'right, power, or capacity,' as an additional right to that possessed by his assignor or indorser; in other words, to sue on the bond in his own name, even if his assignor or indorser could not sue on it. The statute was intended to make valid bonds negotiable, and allow the assignee or indorsee to sue in his own name, which was not allowed at common law; all the indorser's right to sue in his own name is founded on the statute. ”
