Fera v. . Wickham
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 19,1891, which affirmed an interlocutory judgment in favor of plaintiff, entered upon a decision of the court, on trial at Special Term, overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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' Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 19,1891, which affirmed an interlocutory judgment in favor of plaintiff, entered upon a decision of the court, on trial at Special Term, overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. A claim of a creditor of the assignors under a general assignment will not be allowed as a set-off against a claim of the assignors against him, the former maturing first, but neither maturing until…
1Opinion of the CourtGray, J.
The firm of Wickh ,m & Co., having become insolvent, made a general assignment for the benefit of their creditors. On October 27, 1890, at the time of this assignment, the plaintiff held their unmaturéd acceptance of a draft to the amount of $1,390.60 for goods sold. The assignee became by the assignment the holder of a promissory note made by the plaintiff to Wickham & Co.’s order for $536.25. The accepted draft was payable November 6, 1890, and the plaintiff’s note was payable on June 9, 1891.
The plaintiff has brought the present action to secure an equitable offset of the debt to him from…
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