Bennett v. . Buchan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of the defendant entered upon the report of a referee. (Reported below, 53 Barb., 578.) This action was brought to recover damages for a breach of covenant contained in the assignment of a judgment by the defendant to the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of the defendant entered upon the report of a referee. (Reported below, 53 Barb., 578.) This action was brought to recover damages for a breach of covenant contained in the assignment of a judgment by the defendant to the plaintiff. On the 2d day of September, 1861, the defendant and one Rich, who-were partners, -recovered a judgment against Erasmus S. Doran, James E. Doran, Allen H. Gillett, and Homer W. Wooster, who were also partners, for damages and costs,…
1Opinion of the Court
Earl, C.
The plaintiff had no knowledge that Gillett was discharged, and she was not bound to obtain such knowledge at the county clerk’s office. The record of the discharge did not give her constructive , notice thereof. Eothing short of actual notice would deprive her of the remedy which she seeks. The assignment to plaintiff was made by Buchan alone, after the dissolution of the firm, in the firm name. This was sufficient to vest in the plaintiff all the title the firm had to the whole judgment. (Pierson v. Hooker, 3 J. R., 68; Van Kuren v. Parmelee, 2 N. Y., 525; Milliken v. Loring, 37…
2Cases cited2 opinions
- Furniss v. . FergusonNew York Court of Appeals · 1857
- Jansen v. BallNew York Supreme Court · 1827
3Cited by2 opinions
- Engelhard v. SchroederSupreme Court of New Jersey · 1921
- Hapworth v. GrievsonAppellate Division of the Supreme Court of the State of New York · 1938