Harper v. Kemble

A judgment was obtained by tbe Bank of Warren County on the seventeenth day of July, 1891, on a promissory note. The defendant was the principal in the note, and the plaintiff his surety. The bank assigned the judgment to one Eosenberger for value, and Eosenberger held it in secret trust for the defendant. The plaintiff tendered to Eosenberger the amount of the judgment, interest and costs, and requested him to assign it to plaintiff, which Eosenberger declined to do. The plaintiff thereupon filed his bill in equity to compel such assignment and obtained a decree in his favor, which we…