Sanborn v. Little
Superior Court of New Hampshire
Assumpsit upon a promissory note, dated October 2, 1823, for $42 56, payable to Sanborn, but not to his order, in ninety days with interest after, and ¡nade by Little, The defendant filed as a set-off, a note made by the plaintiff, dated March 13, 1824, for %01 53, payable to the defendant, or order, on demand with interest.
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Assumpsit upon a promissory note, dated October 2, 1823, for $42 56, payable to Sanborn, but not to his order, in ninety days with interest after, and ¡nade by Little, The defendant filed as a set-off, a note made by the plaintiff, dated March 13, 1824, for %01 53, payable to the defendant, or order, on demand with interest. The cause was referred to an auditor, who reported, that in October, 1823, the said note, given by the defendant tc the plaintiff, was, for a valuable consideration, sold and delivered by the latter to three persons , for whose benefit this suit is brought; and that on…
1Opinion of the CourtRichardson, C. J.
It is now well settled, that Use equitable interest of an assignee of a chose in action is to be protected by courts of law, against all interference of the original parties, after notice of the assignment. 1 D. & E. 619.—4 ditto 341.—14 Mass. Rep. 291, Jenkins vs. Brewster.-1 B. & P. 447, Legh vs. Legh.—3 John. 425, Littlefield vs. Story.—Willes’ Rep. 261, Hutchinson vs. Sturges.—1 John. 531, note, Wardell vs. Eden.—5 ditto 193, Eels vs. Finch.—12 ditto 276, Weston vs. Barker.
But the interest of the assignee of a chose in action bfeiiie merely equitable, he is to stand in the situation of…
2Cases cited2 opinions
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Gould v. ChaseNew York Supreme Court · 1819
3Cited by5 opinions
- Shapley v. BellowsSuperior Court of New Hampshire · 1828
- Chandler v. DrewSuperior Court of New Hampshire · 1834
- Albee v. LittleSuperior Court of New Hampshire · 1830
- Nevins v. Rockingham Mutual Fire InsuranceSuperior Court of New Hampshire · 1852
- Thompson v. EmerySuperior Court of New Hampshire · 1853