56 Mo. 311 | Mo. | 1874
delivered the opinion of the court.
This was an action in the nature of a bill in equity by the plaintiff, as assignee of a judgment against the defendant, James 3L Taylor, to subject to its payment, a certain other judgment against the defendant Charles Bobb, which was alleged to belong to said James K. Taylor.
The proof shows that the assignment to Taylor was made at the request of-Charles Bobb the judgment debtor; that Charles Bobb compromised with Crews and Laurie by paying them part of the amount, and instead of having it released or entered satisfied, he had it assigned to Taylor to hold it for him; that Taylor paid nothing for the assignment but merely took it to hold for the benefit of Charles Bobb, the judgment debtor, and that Taylor received nothing for liis assignment of the judgment to Ashbrook, and that Ashbrook did not claim it as his own, but held it for the benefit of Charles Bobb, the judgment debtor.
Upon these facts the court on the final hearing dismissed the plaintiff’s petition, and rendered final judgment against him, which was affirmed at General Term, and the plaintiff lias brought the-case here by writ of error.
From the facts presented by this record the plaintiff had no standing in court. The transaction between Crews and
Charles Bobb could not have kept thé'judgment, which he had settled, on foot to hinder and delay his creditors in the collection of their debts. The assignment to Taylor at the instance of Bobb’s creditors, would no doubt be pronounced fraudulent and void; and a court of equity wordd not permit it to stand in their way. But they are not complaining. It is a creditor of Taylor, and not of Bobb, who seeks to enforce against Bobb, a judgment' which he has compromised and satisfied.
There is no question of estoppel in. the case. There is nothing to estop Bobb from standing on his rights. Taylor paid nothing for the assignment; he took it for the benefit of Bobb, the judgment debtor. Even if he had purchased for value without notice of the compromise, the compromise and settlement made by Bobb would have been a bar to any recovery.
If Taylor had made the purchase on the representation of Bobb, that the judgment against him remained unsatisfied, that would have been an estoppel; and Bobb would not be allowed to, set up payment against his own admission thus acted on by Taylor.
On the whole record the judgment appears to be for the right party. Judgment affirmed.