Bennett v. . Buchan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for an alleged breach of covenant in an assignment of a j udgment.
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Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for an alleged breach of covenant in an assignment of a j udgment. On the 2d day of September, 1861, the defendant and one Rich, ivho were partners, recovered a judgment against Erastus S. Doran, James E. Doran, Allen H. Gillett and Homer W. Wooster, who were also partners, for damages and costs, $1,038.46. On the 19th day of March, 1863, defendant and Rich released Gillett from all liability on this…
1Opinion of the CourtMiller, J.
If the plaintiff had knowledge when she purchased the judgment that Gillett was discharged, it would deprive her of the remedy she seeks, and she cannot recover in this action. The referee made a general finding that she had no notice and ivas not chargeable Avith notice or knoAvledgo that Gillett had been released. He also made a special finding that Bennett, the agent and husband of the plaintiff, Avho negotiated the purchase of the judgment, Avas informed by one Hall, in the Avinter of 1866, and previous to the purchase and assignment of the judgment, that Gillett had been discharged from…
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