Briggs v. Dorr
New York Supreme Court
DEBT on a judgment. The defendant pleaded á release. The plaintiff replied, that before the judgment was rendered, the plaintiff, for a valuable consideration, assigned to David Gleason all his demands against the defendant, for the recovery of which this action was prosecuted ; and that the defendant, before the release was made, &c. had notice.
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DEBT on a judgment. The defendant pleaded á release. The plaintiff replied, that before the judgment was rendered, the plaintiff, for a valuable consideration, assigned to David Gleason all his demands against the defendant, for the recovery of which this action was prosecuted ; and that the defendant, before the release was made, &c. had notice. The defendant rejoined, protesting that no assignment of the debt had been made, and alleged that Gleason prosecuted the suit, on which the judgment was recovered, as the agent or attorney of the plaintiff, and had no beneficial interest in it: the…
1Opinion of the CourtWoodworth, J.
The plaintiff, in his replication, alleges an assignment, and avers notice. Both were necessary to support the replication, and formed but a single point; the defendant protests, as to the first, which is, in effect, an admission of the assignment in this cause, so that no evidence need be givén in support of it. The only use of a protestation is, that in case the party making it succeeds in the point to be tried, he thereby saves to himself the liberty of disputing, in any other suit, the truth of the allegation which is protested against. (Chitty Pl. 590.)
The notice is admitted, because it…
2Cases cited1 opinion
- Strong v. SmithNew York Supreme Court · 1805
3Cited by23 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Continental Purchasing Co. v. Van Raalte Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Poughkeepsie Savings Bank v. R & G Sloane Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Noyes v. BrownSupreme Court of Vermont · 1860
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