Hartford v. McKeever

Summary

The court affirmed the Appellate Court’s determination that an assignee of a note and mortgage generally is not liable for affirmative claims arising from the assignor’s prior conduct absent an express assumption of that liability. It held that the trial court’s judgment rested solely on an incorrect legal rule, not on agency, notice, unjust enrichment, or other equitable findings supported by the record. The court also determined that the amount of the defendant’s overpayment had already been established, but remanded for proceedings concerning attorney’s fees and interest.