Cooper v. Bigalow
New York Supreme Court
H. R. Storrs, moved the set off in this cause, which was considered at the last term, (ante, 56, S. C. which see.) Bigalow and Searls had since been discharged from prison under the insolvent act. The judgment in favour of Bigalow was for costs only, and on the 24th June last (the day of serving notice of this mo-_ \ j s tion) he assigned the same to his attorney, to secure to him ^le costs> which are yet due.
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H. R. Storrs, moved the set off in this cause, which was considered at the last term, (ante, 56, S. C. which see.) Bigalow and Searls had since been discharged from prison under the insolvent act. The judgment in favour of Bigalow was for costs only, and on the 24th June last (the day of serving notice of this mo-_ \ j s tion) he assigned the same to his attorney, to secure to him ^le costs> which are yet due. Notice of this assignment, under the hand of the attorney, and that they should not settle with Bigalow, or make any payment to him of the cos*s’ was the same day served on Cooper and…
1Opinion of the Court
Curia.
We had no doubt, at the last- term, about allow'ing this set off, had it not been for the then subsisting imprisonment of Bigalow Searls upon the ca. sa.(a) By their discharge under the insolvent act, that obstacle is removed. Their discharge left two mutual unsatisfied judgments, which were the proper subject of an equitable set off, upon application to this Court, unless the subsequent assignment and notice give preference to the lien of the attorney. The right of set off had attached; and the attorney had full notice that it was claimed, at the time he took the assignment from…
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