Fitch v. Bates
New York Supreme Court
This was an appeal from a judgment entered on a report by a referee.. The suit was brought by the plaintiffs, assignees of A. & B. Leonard, for the balance of an account claimed to be due from the defendant to A. & B. Leonard, which had been assigned to the plaintiffs. It appeared on the hearing that the assignment to the plaintiffs was for the benefit, generally, of the creditors of the Leonards.
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This was an appeal from a judgment entered on a report by a referee.. The suit was brought by the plaintiffs, assignees of A. & B. Leonard, for the balance of an account claimed to be due from the defendant to A. & B. Leonard, which had been assigned to the plaintiffs. It appeared on the hearing that the assignment to the plaintiffs was for the benefit, generally, of the creditors of the Leonards. One of the plaintiffs, on being called by the defendant, testified that the inventory, on paper, showed enough to pay all the debts; but that he believed the assets were insufficient, and the…
1Opinion of the Court
By the Court,
Hand J.
It was objected to the competency of the Leonards, the assignors, that they were parties to the record. This is not true in fact. The plaintiffs are styled assignees of the Leonards, in the title, but that style is not adopted in describing the plaintiffs, in the pleadings. Under the code, even, to sue in that form, except where the appointment has been by some judicial proceeding, would be *472rather inartificial. And besides, that would not make the assignors parties to the suit.
Can the assignor of demands in trust for the payment of his creditors be a witness in a suit by…
2Cases cited9 opinions
- Bates v. ConklíngNew York Supreme Court · 1833
- Scott v. LloydSupreme Court of the United States · 1838
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- Norton v. WoodsNew York Court of Chancery · 1835
- Hamer v. McFarlinNew York Supreme Court · 1847
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3Cited by9 opinions
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- Vanduzen v. WorrellNew York Supreme Court · 1854
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