HILLSBOROUGH,

OCTOBER TERM, 1792.

#### Dook v. Caswell.

Debt on a «in.g'e hill, and payment pleaded ; f.be bond has been assigned by Hook, the obiigeee, to Benton, and *25had the assignment scratched out with a pencil. — Ob-jecfed, flie 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 indorsement was struck out. Judge Ashe, the possessor hada right to strike out the indorsement, and now the case is no more than that of a bond made to lÉk obligee, which he has an undoubted right to recover ffe money upon : and so a verdict was given for the Plaintiff and ho had judg-meat.

Note. — Vide Smith v. St. Lawrence, post 174. — Strong v. Spear, post 214. — Dickinson v. Van Noorden, 1 Car. Law Rep. 497.