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.