Majority
p. 585Everit and others vs. Strong and another.
Headnote
It is no objection to an assignment of an account due to several partners, that it was made by only one of them, and is under seal.A demand assigned to the defendant before the commencement of the suit may be set off, though he has not paid for it, but only agreed to pay.
On error from the supreme court. For a statement of the facts, and the opinion of that court, see 5 Hill, 163 et seq. The case was argued here by
M. T. Reynolds, for the plaintiffs in error, and
S. Sherwood, for the defendants in error.
Upon the conclusion of the argument the Chancellor observed that he saw no reason for interfering with the judgment of the court below, and proposed that the case be decided immediately. And
On the question being put “ Shall this judgment be reversed ?” all the members of the court present who heard the argument, twenty-seven in number, voted for affirming.
Judgment affirmed.[1]
(a) (a) This case was argued and decided in January, 1845.