Anderson v. Van Alen
New York Supreme Court
THIS was an action of assumpsit, for goods sold and delivered. The defendant pleaded non assumpsit, with notice of a set-off» The goods were sold to the defendant in May, or June, 1814, to"the amount of 553 dollars and 92 cents». The defendant, on the 26th of September, 1814* purchased of W. D. S' Sons, of Amsterdam, in Montgomery county, two notes* drawn by the plaintiffs on the 17th of June, 1814* one for 500 dollars, payable in 90 days, and the other for 31 dollars and 25…
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THIS was an action of assumpsit, for goods sold and delivered. The defendant pleaded non assumpsit, with notice of a set-off» The goods were sold to the defendant in May, or June, 1814, to"the amount of 553 dollars and 92 cents». The defendant, on the 26th of September, 1814* purchased of W. D. S' Sons, of Amsterdam, in Montgomery county, two notes* drawn by the plaintiffs on the 17th of June, 1814* one for 500 dollars, payable in 90 days, and the other for 31 dollars and 25 cents, payable at the same time; for which the defendant gave to W. D. Sr Sons, his two notes for 250 dollars each,…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The-plaintiffs having made an .assignment of the demand on. which / the, present suit is founded,. : for the - benefit of their creditors,they are only nominal parties- upon 'the record, a-nd the real-question is between their creditors and the defendant; • and the-right of set-off will depend upon, the fact how far the' defendant; is chargeable with, notice of the assignment. It is a well-settled principle-, that courts of law will notice the assignment of a 'oho$& *345in action, and protect the interest of a bestuy que trust against every…
2Cases cited1 opinion
- Johnson v. BloodgoodNew York Supreme Court · 1799
3Cited by20 opinions
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- Continental Purchasing Co. v. Van Raalte Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Wilkins v. BattermanNew York Supreme Court · 1848
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
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