Scoville v. Canfield
New York Supreme Court
THIS was an action of assumpsit, The declaration contained a count on a judgment for 488 dollars and 32 cents, recovered by the plaintiff against the defendant, in the Superior Court of the state of Connecticut, hoi den at Litchfield, in Fe- . . . bruary, 1815. It also contained a count on an msimul compuv . ■* taSsentf and the common money counts.
Read the full summary
THIS was an action of assumpsit, The declaration contained a count on a judgment for 488 dollars and 32 cents, recovered by the plaintiff against the defendant, in the Superior Court of the state of Connecticut, hoi den at Litchfield, in Fe- . . . bruary, 1815. It also contained a count on an msimul compuv . ■* taSsentf and the common money counts. The 'defendant pleaded, 1. The general issue ; and, 2. Á special plea to the count on the judgment, stating, that by the first section of an act of the legislature of the state °f Connecticut, passed in 1809, entitled, “An act to prevent unlawful…
1Opinion of the CourtSpencer, J.
(After stating the pleadings.)
The plea caunot be sustained. Were we to give full effect to the statute, and consider it as attaching on the debt assigned, we could not say that the assignment extinguished, or even in*342validated, the original judgment. The act pleaded contains nothing which, in any way, impairs the force and effect of the debt or chose in action assigned; the penalty inflicted operates merely on the person offending against the act, by buying; it could not be the intention of the legislature to annihilate the debt assigned. This is rendered very manifest, when it is noticed…
2Cases cited1 opinion
- Lodge v. PhelpsNew York Supreme Court · 1799
3Cited by21 opinions
- Flash v. ConnSupreme Court of the United States · 1883
- Arnold v. PotterSupreme Court of Iowa · 1867
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Anderson v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Blaine v. CurtisSupreme Court of Vermont · 1886
16 more not listed; retrieve them via the Exa API.