Kast v. Kathern
New York Supreme Court
Error to the Herkimer C. P. Kathern and Doolittle sued Kast before a justice of the peace to recover the amount of an account which accrued in 1843 and 1844, amounting to $32,81, which was proved on the trial. The defendant offered - to set off the amount of a note made by the plaintiffs in February, 1844, payable to A. Hill or bearer, for $37, with interest.
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Error to the Herkimer C. P. Kathern and Doolittle sued Kast before a justice of the peace to recover the amount of an account which accrued in 1843 and 1844, amounting to $32,81, which was proved on the trial. The defendant offered - to set off the amount of a note made by the plaintiffs in February, 1844, payable to A. Hill or bearer, for $37, with interest. On the part of the plaintiffs it was shown that they failed in business in January, 1845, and made a general assignment in trust for their creditors, and that this suit was prosecuted by the assignee, and also that the defendant…
1Opinion of the Court
By the Court, Jewett, J.
The defendant’s right to make the set-off depended upon the question whether he purchased the note without notice or a knowledge of the assignment. No direct evidence of notice was given ; and if it be admitted that the justice might have arrived at the conclusion that he had notice, from the evidence, still the point was left so doubtful that a judgment either way could not with propriety have been disturbed by the court of review. It follows that the common pleas were not warranted in reversing the judgment.
But the justice not only allowed the set-off to the amount…
2Cited by5 opinions
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