1 Johns. Cas. 411 | N.Y. Sup. Ct. | 1800
The replication is clearly good. A release after the assignment of the bond and notice to the defendant, is a nullity, and ought not to be regarded.
The law will protect an assignee’s equitable interest in a chose in action, when the assignment is Iona fide, and for a valuable. consideration against all persons having notice of the trust or assignment. Sheftall v. Clay, Charlt.
Nor can the debtor set off any demands against the assignor, which accrued after notice of the assignment. Jenkins v. Brewster, 14 Mass, R. 291. Goodwin v. Cunningham, 12 Mass. R. 193. Nor a demand which existed -before and at the time of the assignment, if he knew, from the assignee or his agent, that an assignment was to be made, and gave no notice of his counter demand. King v. Fowler, 16 Mass. R. 397, Nor where the debtor’s conduct is such as in equity to deprive him of the right of set-off against the assignee. Kemp v. McPherson, 7 Har. & J. 320. Nor if he promise to pay the assignee/ without stipulating for the- deduction Of his Counter Claim. Mowry v. Todd, 12 Mass. R. 284. Elliott v. Callan, 1 Penn. R. 24. Lane v. Winthrop, 1 Bay, 116. S. P. Mayo v. Giles, 1 Munf. 533. Cabiness v. Herndon, 6 Litt. 469. Henry v. Brown, 19 Johns. R. 49. M’Mullen v. Wenner, 16 Serg. So Rawle, 18. Contra, De Costa v. Shrewsbury, 1 Bay, 211.
To constitute such an assignee of a chose in action, as courts of law will protect against the acts of his assignor, the assignment need not be-absolute, or of the whole subject matter. It is enough that it carry to the assignee, a power cdupled with an interest. Wheeler v. Wheeler, 9 Cowen, 34."
With .regard to the notice requisite to be served upon the assignee, special
It results from the general rule here stated that the assignee may reply the assignment and notice to a plea of the assignor’s release, in bar of his action ; Principal case; Raymond v. Squire, 11 Johns. R. 47; or to a plea of payment; Littlefield v. Storey, 3 Johns. R. 425; or to a plea of former recovery—alleging also that the former action was not prosecuted by the authority, and for the benefit, of the assignee. Dawson v. Coles, 16 Johns. R. 51.
) Old Note. “ The above is the- only note of the case that could-be "found, and the reasons of the court are hot fully stated. The principle, however,