Hutchinson v. Simon
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. A creditor cannot by assignments cut up his claim and multiply obligations against his debtor, not contemplated by his original contract, without his consent.
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Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. A creditor cannot by assignments cut up his claim and multiply obligations against his debtor, not contemplated by his original contract, without his consent. Mandeville v. Welch, 5 Wheat. 277; Gibson v. Qooke, 20 Pick. 15 ; Drake on Attachment, § 611, and note 1; Burnett v. Crandell, 68 Mo. 410 ; Getchell v. Maney, 69 Maine, 442. The reasoning upon which the principle is based in the cases cited is as applicable in equity as at law, and the doctrine has found recognition in courts possessing chancery powers.…
1Opinion of the CourtChalmers, J.
By the allegations of the bill which is demurred to, it appears that Mrs. Lowenhauft, now a lunatic represented by G. W. Hutchinson, her guardian, held a note for four thousand dollars made by Louis Hoffman, secured by mortgage. For value received she assigned in writing an interest in this note and mortgage, to the extent of fifteen hundred dollars, to H. H. Miller as agent and attorney for the appellees, Levi Simon & Co. This instrument of assignment was at once exhibited to and read by the debtor, Hoffman, who nevertheless thereafter, in fraud of the appellees’ rights, paid to Mrs.…
2Cases cited3 opinions
- Christmas v. RussellSupreme Court of the United States · 1872
- Moody v. KyleMississippi Supreme Court · 1857
- Richardson v. LightcapMississippi Supreme Court · 1876
3Cited by6 opinions
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- McDaniel v. MaxwellOregon Supreme Court · 1891
- Anaconda Aluminum Co. v. SharpMississippi Supreme Court · 1962
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Bush, Redwood & Co. v. FooteMississippi Supreme Court · 1880
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