Cantrelle v. Le Goaster

The petitioners claim, under an assignment by one Francois Mazerat to them, $2102 40, to be taken out of the last payment to be made to said Mazerat, for certain buildings which he bound himself to erect for the defendant. The latter excepted to their right of action, on the ground that a debtor cannot be sued for portions of a debt due by him, and that no partial assignee can bring suit against such debtor. This exception having been sustained by the judge, the plaintiffs have appealed.

The question presented for our decision, can hardly be considered as an open one in this court. In…