Hartford v. McKeever

Summary

The dissent agrees that an innocent assignee ordinarily does not assume liability for affirmative claims against the assignor, but disagrees that the equitable exception asserted by the defendant was unavailable for appellate review. It maintains that the trial court addressed the equitable claim, and that the pleadings, admissions, concessions, and undisputed evidence established that the city was the real party in interest and benefited from the overpayments. The dissent would permit review of the equitable claim or remand for additional factual findings if necessary.