8 Johns. 152 | N.Y. Sup. Ct. | 1811
delivered the opinion of the court. The principal question in this case is, whether the defendant ought not to have been permitted to set off the bonds offered in evidence, which had been given by the plaintiff, and duly assigned to the defendant, before the commencement of this suit. It has been repeatedly ruled in this court, that we will recognise and protect the rights of an assignee of a chose in action. (1 Johns. Rep. 531. 3 Johns. Rep. 426.) This doctrine was carried so far, in the case of Andrews v. Beecker's (1 Johns. Cas. 411.) that a release by the obligee of a bond, after an assignment of it, and notice to the obligor,- was held a nullity, and not to be regarded. This is conformable to what is laid down by the court of C. B. in Legh v. Legh; (1 Bos. & Pull, 448.) and Eyre, Ch. J. adds,
A new trial must, therefore, be awarded, with costs, to abide the event of the suit.
observed, that though he concurred in the opinion of the court, he did it with hesitation, as he thought the decision went much further than courts of law had gone before, on this subject.
New trial granted-