Himrod v. Baugh

Citations

• 85 Ill. 435

Syllabus

<p>1. Assignment—of judgment—garnishment before notice. Until after notice of the assignment of a judgment against a party, he will be justified in dealing with respect to it as belonging to the party recovering the same; and if, before notice of its assignment, he is garnisheed as the debtor of such owner, and is compelled to pay money as such garnishee, the payment so made will be taken as an extinguishment or satisfaction pro tanto of the original j udgment, notwithstanding it has been assigned before the garnishee proceedings.</p> <p>3. Same—of judgment, subject to all defenses. The assignee of a judgment takes it subject to all defenses existing at the time against the assignor. The judgment debtor may set off a demand due him from the assignor at the time of the assignment.</p> <p>3. Set-off—principal and surety may set off debt due the former. In a suit against a party and his sureties, a debt or demand due from the plaintiff to the principal defendant may be set off.</p> <p>4. Surety—matter of defense when sued jointly with principal. It seems that any matter of defense not merely personal in favor of a principal, when sued alone, is admissible in favor of the principal and surety, when sued together.</p>