Legal Opinion

Richardson v. Ainsworth

New York Supreme Court

Decided February 15, 1861PublishedCited by 6 opinions

Judgment was recovered in the city court of Brooklyn in the above entitled action, on the second day of June, 1860, against the defendant, for $202.85, and on the same day a transcript thereof was filed in the county clerk’s office of Kings county.

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Judgment was recovered in the city court of Brooklyn in the above entitled action, on the second day of June, 1860, against the defendant, for $202.85, and on the same day a transcript thereof was filed in the county clerk’s office of Kings county. This judgment was assigned by the plaintiff, Mary Richardson, for a valuable consideration, to one Chauncey M. Felt, subject to the lien of the plaintiff’s attorney, for his costs, on the said-second day of June, 1860. No notice was ever given to the defendant of such assignment, but a notice of it was served on the sheriff on the 11th July, 1860.…

1Opinion of the Court

By the court, Emott, Justice.

The case of Muir agt. Schenck (3 Hill, 228) is clearly, and, we think, correctly to the point, that a complete title to a chose in action, consisting of a debt due from a third person, passes by its assignment without notice to the debtor. The judgment in this case was assigned by the plaintiff to one Belt, on the 2d of June, 1860, and he became the owner of the debt, as well as the judgment recovered on it.

The plaintiffs in the judgment against Mary Bichardson procured an order for her examination on the 9th of June, under § 294 of the Code, with a view to an…

2Cited by6 opinions

  1. Greentree v. . RosenstockNew York Court of Appeals · 1875
  2. Young v. UpsonU.S. Circuit Court for the District of Southern New York · 1902
  3. Grand Lodge Knights of Pythias v. Manhattan Sav. Inst.The Superior Court of the City of New York and Buffalo · 1895
  4. Lawrence v. Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 1898
  5. Grand Lodge Knights of Pythias v. Manhattan Savings InstitutionThe Superior Court of New York City · 1895

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