Tuttle v. Bebee
New York Supreme Court
THIS was an action of assumpsit. The cause was tried at the New-York sittings, in December, 1809, before Mr. Justice Yates, The plaintiff’s declaration, which was of August term, 1808, contained three counts: 1. On a written agreement dated January 1st, 1798, by which, in consideration that the plaintiff had delivered to him, a certain quantity of goods, of the value of about 2,600 dollars, as collateral security for a promissory note of the plaintiff, held by the defendant,…
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THIS was an action of assumpsit. The cause was tried at the New-York sittings, in December, 1809, before Mr. Justice Yates, The plaintiff’s declaration, which was of August term, 1808, contained three counts: 1. On a written agreement dated January 1st, 1798, by which, in consideration that the plaintiff had delivered to him, a certain quantity of goods, of the value of about 2,600 dollars, as collateral security for a promissory note of the plaintiff, held by the defendant, for 1,420 dollars payable the 1st of May, 1798.' The defendant promised, in case the note was punctually paid, to…
1Opinion of the CourtThompson, J.
The principal question in this case is, whether the defendant ought not to have been permitted to set off the bonds offered in evidence, which had been given by the plaintiff, and duly assigned to the defendant, before the commencement of this suit. It has been repeatedly ruled in this court, that we will recognise and protect the rights of an assignee of a chose in action. (1 Johns. Rep. 531. 3 Johns. Rep. 426.) This doctrine was carried so far, in the case of Andrews v. Beecker's (1 Johns. Cas. 411.) that a release by the obligee of a bond, after an assignment of it, and notice to the…
2Cases cited1 opinion
- Andrews v. BeeckerNew York Supreme Court · 1800
3Cited by11 opinions
- De Mott v. HagermanNew York Supreme Court · 1828
- Wheeler v. RaymondNew York Supreme Court · 1825
- Morrison v. BerkeySupreme Court of Pennsylvania · 1821
- Raymond v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Chandler v. DrewSuperior Court of New Hampshire · 1834
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