Feazle v. Dillard
Supreme Court of Virginia
On the 11th December 1819, Feazle executed his bond to Dillard, fox 1253 dollars, payable the 10th January 1820; on which there was indorsed the following agreement— The within bond is to be paid to the said Dillard or his assignee, and I oblige myself not to procure any set-off, unless it is satisfactory to the person who holds it at the time it becomes due;” which was signed by Feazle.
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On the 11th December 1819, Feazle executed his bond to Dillard, fox 1253 dollars, payable the 10th January 1820; on which there was indorsed the following agreement— The within bond is to be paid to the said Dillard or his assignee, and I oblige myself not to procure any set-off, unless it is satisfactory to the person who holds it at the time it becomes due;” which was signed by Feazle. Dillard, however, continued to hold the bond till it was past due; and on the 27th August 1821, Feazle became Dillard’s surety in a bond to Burd for 363 dollars, payable the 27th February 1822. About the same…
1Opinion of the Court
Tucker, P.
If this case depended solely upon the general principles of the law as to assignees, I should have no difficulty in reversing the decree. Nothing is better established, than that an assignee takes the obligation assigned to him subject to the same equity that affected it in the hands of the obligee. This was the doctrine of courts of equity anteriour to our statute (Chan. Ca. 232. 2 Vern. 428. 692. 765.), and the statute has, in this respect, made no alteration; for it was not intended to abridge the rights of the obligor, nor to enlarge those of the assignee. Norton v. Rose, 2…
2Cases cited4 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Garland v. RichesonCourt of Appeals of Virginia · 1826
- Wheeler v. HughesSupreme Court of the United States · 1776
- Stewart v. AndersonSupreme Court of the United States · 1810