Chew v. Brumagen

Citations

• 80 U.S. 497
• 20 L. Ed. 663
• 13 Wall. 497
• 1871 U.S. LEXIS 1364

Syllabus

<p>1. The assignee of a bond and mortgage who by the terms of the assignment holds it as collateral security for the payment of another debt, may under the 111th and 113th sections of the New York Code of Procedure sue, without making his assignor a party to the suit.</p> <p>2. And if on such a suit, the debtor seek to recoup a certain amount from the mortgage debt, and judgment goes accordingly for less than the amount of the same, the original assignor cannot bring suit for any balance. He is concluded by the former proceeding.</p>