Chamberlin v. Day
New York Supreme Court
Chamberlin obtained judgment in this Court against Day, for $ Ofi.Gl, at August term, 1824, which was assigned by Chamberlin to Wiley, for a valuable consideration paid, without any notice or information, that Day had purchased a judgment against Chamberlin, nor had Chamberlin any notice or in formation to this effect, at the time of the assignment.
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Chamberlin obtained judgment in this Court against Day, for $ Ofi.Gl, at August term, 1824, which was assigned by Chamberlin to Wiley, for a valuable consideration paid, without any notice or information, that Day had purchased a judgment against Chamberlin, nor had Chamberlin any notice or in formation to this effect, at the time of the assignment. A fi. fa. had issued upon the judgment in favour of Chamberlin, upon which the Sheriff had levied $30. On the other hand, one Gold had recovered a judgment, in this Court, against Chamberlin, in October term, 1823, for $172,72, which Gold, for a…
1Opinion of the Court
Curia.
Wiley took the assignment subject to all the equi-. ties actually existing against Chamberlin’s judgment at the time of the assignment. Want of notice will not protect against these. Day had purchased and took an assignment pf Gold’s judgment, before Chamberlin’s was assigned ; and having a right to this set off prior to that assignment, it did not divest that right. The motion must be granted.
Rule accordingly.
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