1 Abb. Pr. 383
New York Court of Common Pleas
Decided March 15, 1855
New York Court of Common Pleas · decided 1855-03-15
This was an action brought by Winthrop, as assignee of one Brown, to recover $150, for services rendered to the defendants, Meyer and Loovis, by Brown, as broker, in procuring a loan. On the trial the plaintiff put in evidence an assignment in writing, of the claim from Brown to himself. The assignment contained a covenant that the amount of $150 was due and payable from the defendants.
Decided 1855-03-15
¶1The fact that the assignor had covenanted that the amount of the claim was due, and that he might become liable upon his covenant, in the event of the plaintiff’s failure to recover, did not render him the party for whose benefit the suit was brought. He had an interest in the result, which, might affect his credibility, but which did not disqualify him. from being a witness.
¶2Upon the evidence, the judgment cannot be disturbed.