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3 Thomp. & Cook 790

Huse v. Guyot

New York Supreme Court

Decided April 15, 1874

New York Supreme Court · decided 1874-04-15

The plaintiffs, Frederick Huse and George Huse, under the name of “ Huse Brothers,’’ sued the defendants, Minor' Guyot, Edward G. Short, Mary A. Rulison and William S. Rulison, as copartners under the name of the “ Guyot Coupling Company,” to recover a debt due from the defendants, to one Orlando Robinson, for work, and formally assigned to one of the plaintiffs for the benefit of both.

Decided 1874-04-15

Morgan, J.

¶1(In part.) “The judgment was clearly right upon the merits, if the jury believed that the plaintiffs became assignees of the demand in good faith before the defendant paid it to the sheriff, whether the defendant had notice of the assignment or not.

¶2They paid it voluntarily, Grover, J., in Baker v. Kenworthy, 41

¶3*791N. Y. 219, and will not be allowed to have the benefit of it as against a prior assignee in good faith. Robinson v. Weeks, 6 How. 161.” The remainder of the opinion is devoted to a consideration of the evidence ambthe objections raised thereupon, and the court held, that the joint liability of defendants was not established. The judgment of the county court was affirmed.

¶4Judgment affirmed.

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