Felthousen v. Lanward Publishing Co.

The material question presented, on this record is the right of appellant, defendant below, to set off against the plaintiff as assignee of a contract for the payment of money, any off sets or counter claims in favor of the debtor against the assignor of the contract, created or acquired after notice to the debtor of the assignment.

The evidence in the record shows, without controversy, that on April 1, 1908, there was due to Charles Í. Felthousen, the assignor, under a contract with appellant for commissions dated August 26, 1907, the sum of $398.30; and that on April 9, 1908, Charles I.…