Roy v. Baucus
New York Supreme Court
THIS was a motion for a new trial, on a bill of exceptions ordered to be heard at the general term in the first instance. The action was brought against the defendant to recover $70 paid to him as an executor of the will of John Roy, deceased. The will appropriated the interest of $2000 to the testator’s widow, and appointed the parties to this suit executors.
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THIS was a motion for a new trial, on a bill of exceptions ordered to be heard at the general term in the first instance. The action was brought against the defendant to recover $70 paid to him as an executor of the will of John Roy, deceased. The will appropriated the interest of $2000 to the testator’s widow, and appointed the parties to this suit executors. The widow, in October, 1858, assigned this interest to the plaintiff, “to demand and receive it, but to hold the same for my sole use and benefit, and out of the same to reimburse himself for any and all moneys that he may advance to me…
1Opinion of the Court
By the Court,
Peckham, J.
I see no objection to the assignment. Its good faith and fairness are not questioned. It is not prohibited by the statute against the assignment of an interest “in a trust for the receipt of the rents and profits of land.” (3 R. S. 5th ed. 21, § 82.) It is not such a trust.
The assignment being valid, the plaintiff was entitled to this money for advances, he had made, as the testimony showed, on its faith and security; all which, as I think the testimony showed, was well known to the defendant before he paid the money, and prior to the order for the payment, made by the…
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