Arnold v. Johnston
New York Court of Common Pleas
The plaintiff sued the defendant for damages for breach of covenant in this, that the defendant had conveyed to him premises in Fifty-eighth street, in this city, with full covenants of warranty, seizin, and against incumbrances, yet that on the premises there were divers assessments which he was compelled to pay, and now sued to recover.
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The plaintiff sued the defendant for damages for breach of covenant in this, that the defendant had conveyed to him premises in Fifty-eighth street, in this city, with full covenants of warranty, seizin, and against incumbrances, yet that on the premises there were divers assessments which he was compelled to pay, and now sued to recover. The defendant set up various counter-claims, amongst which was an alleged counter-claim for commissions said to have been earned by him in copartnership with one William H. Johnston, in selling for the plaintiff divers lots on Murray Hill, in this city. The…
1Opinion of the Court
Brady, <.
In this case the plaintiff is entitled to recover the sum of $16.81, with interest from 28th January, 1860. The assignment alleged , to have been made by W. H. Johnston to the defendant of a demand against the plaintiff, was not such as the law requires, assuming for the purposes of this question, and only for that purpose that the demand existed in fact. The defendant states that W. H. Johnston said to him: “I assign this claim to'you if there comes any difficulty,” although the absence of any consideration might not affect the validity of the assignment, were it otherwise full in'…
2Cited by1 opinion
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