Martin v. Hawks
New York Supreme Court
THIS was an action of debt, for an escape. The declaralion stated, that the plaintiff, in this action, in August, 1816, recovered a judgment, in an action of trespass, assault, battery, and false imprisonment, in this court, against Jeremiah Robinson, for 77 dollars and 44 cents; that a ca. sa. was issued thereon, and delivered to the defendant, on the 2d of November, 1816, who, on the 30th oí November, arrested Robinson, and on the same day voluntarily suffered him to…
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THIS was an action of debt, for an escape. The declaralion stated, that the plaintiff, in this action, in August, 1816, recovered a judgment, in an action of trespass, assault, battery, and false imprisonment, in this court, against Jeremiah Robinson, for 77 dollars and 44 cents; that a ca. sa. was issued thereon, and delivered to the defendant, on the 2d of November, 1816, who, on the 30th oí November, arrested Robinson, and on the same day voluntarily suffered him to escape. The defendant pleaded nil debet, with notice of a release from the plaintiff. The release was dated the 27th of…
1Opinion of the CourtSpencer, J.
It is . fully settled, by a long series of decisions, that courts of law will take notice of, and protect, the rights of assignees, against all persons having either express or implied notice of the trust. (Johns. Dig. 40. and the cases there collected.) It is equally well settled, that the assignor of a chose in action, cannot defeat a suit brought in his name, by his assignee, by a release to the defendant, who has notice of the assignment.
If Jordan stands in the situation of an assignee, and if Martin is to be regarded as the mere trustee to Jordan, for the amount of the judgment against…
2Cases cited1 opinion
- Andrews v. BeeckerNew York Supreme Court · 1800
3Cited by43 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Buckley v. JohnMassachusetts Supreme Judicial Court · 1943
- McGregor v. . ComstockNew York Court of Appeals · 1863
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