¶1A debtor by open account, is not bound to take notice of a debt in the hands of an assignee. Such an assignment only operates as an authority or power of attorney to settle the account, and receive the money for his principal. The terms may indeed be such as' to authorise the assignee to receive the money to his own use. But then it is only in the nature of a contract between the assign- or and assignee that he may so receive it. A receipt from the creditor will discharge him: But in this case, it does not appear that he had any notice, except so far as mere report might be considered as notice. This motion, therefore, must be refused.
7 S.C.L. 498
William Brown & Co. v. Rees
Supreme Court of South Carolina
Decided November 15, 1814
Supreme Court of South Carolina · decided 1814-11-15
Motion to set aside ar non-suit. judge Smith. Tried before this tbe plaintiff proved an account against tbe defendant, amounting to $219,84; all of • which was due previous to the 16th April, 1811. And that, on that day, the account was assigned to Burner Starke, and the defendant had notice of such assignment. The defendant proved in defence, a receipt In the following words: viz. i6Received, April 11th, 1812, of Mr. John W. Rees, five shillings, in full to this date.
Decided 1814-11-15