New York Court of Appeals
Bernard Rothschild, Respondents v. Jacob W. MacK, Assignee
June 4, 1889115 N.Y. 1
Summary
The New York Court of Appeals affirmed the judgment, holding that a fraudulently obtained sum gives rise to an action in assumpsit that may be set off against the plaintiff's debt, and that the right of set‑off is not barred by the debt not being due at the time of assignment.