St. John v. Smith
Connecticut Superior Court
Audita Querela to be relieved against three executions, in favor of said Smith, against him, for £59 11s. 8d. in all; issued on judgments obtained in March, A. D. 1787. Sheriff Lord had executions at that time in his hands against said Smith to that amount, which had run out, and he become liable to pay: Smith verbally agreed and assigned over said judgments and executions against said St. John, to said Lord for his indemnity, and to pay him, which said Sheriff Lord…
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Audita Querela to be relieved against three executions, in favor of said Smith, against him, for £59 11s. 8d. in all; issued on judgments obtained in March, A. D. 1787. Sheriff Lord had executions at that time in his hands against said Smith to that amount, which had run out, and he become liable to pay: Smith verbally agreed and assigned over said judgments and executions against said St. John, to said Lord for his indemnity, and to pay him, which said Sheriff Lord accepted; and said Smith afterwards absconded out of this state: Huffman and Watson, creditors to said Smith, commenced suits…
1Opinion of the Court
By the Court.
As to the debtor, it is immaterial to whom he pays the debt; proyided he is thereby discharged. The parol assignment is good between Lord and Smith to authorize Lord to collect the money and convert it to the payment of the debt due to him from Smith, and Smith can never recover it from him; and St. John being compelled by the executions to pay said debt, must be thereby exonerated. Huffman and Watson afterwards attaching the debt did not alter the situation of it, which before, in equity at least, was the property of Lord; and it would be very unreasonable to take money from one…
2Cited by1 opinion
- Pitkin v. PitkinSupreme Court of Connecticut · 1831