In the Circuit Court of the United States, for the District of Michigan. July Term, 1860. Joshua Fitch vs. Lawrence Remer et al

1860 The American Law Register (1852-1891)  
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more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. FITCH vs. REMER ET AL. FITCH vs. REMER ET AL. the action in his own name.' And after notice to the debtor, of the assignment, the assignee's rights become so far fixed that no subsequent transactions between the assignor and creditor will be permitted to affect them, and therefore a release or other discharge obtained from the assignor, will be treated as a nullity.2 In an action brought in the name of the assignor, to enforce the contract, the assignee is the only party actually interested, and the assignor has no real rights whatever. He cannot interfere with the progress of the suit, nor prevent judgment being entered for the plaintiff, and the actual dismissal of the suit by him will be no bar to a subsequent action,3 nor will the court permit such discontinuance to be effected by him.4 And the defendant in any action may set-off any debts due from the plaintiff to third persons, which have been assigned to him, whether those debts are simple contract debts, or evidenced by sealed instruments.5 In short, the old rule, good in times past, but the reason for which has now passed away, is nothing but a shadow of its former self, the substance of which is entirely departed.6 RECENT AMERICAN DECISIONS.
doi:10.2307/3302432 fatcat:fvwjyt2r3fgvhlyo2czvggkp7a