Speckman v. Smedley Bros.

Citations

• 153 F. 771
• 1907 U.S. Dist. LEXIS 304

Syllabus

<p>1. Assignments — Equitable Assignments — Evidence.</p> <p>Defendants testified Hint P., before becoming a bankrupt, arranged to pay defendants their full claim of $5,400 when the United States paid P. the final balance due to him on a claim then pending; but no definite amount was agreed on to be paid to defendants, nor was the “arrangement” recognized by the government — the disbursing officer only promising to notify defendants when settlement was to be made, so that they might be present. At the settlement a check for $5,000 was made payable to the bankrupt, which was turned over to defendants; the bankrupt refusing to pay more. Held, that such facts were insufficient to constitute an enforceable equitable assignment.</p> <p>2. Judgment — Non Obstante Yebkdicto.</p> <p>Where, in a suit by a bankrupt’s trustee to recover an alleged preferential payment, defendants filed no plea in abatement raising the point that a partnership existed between the bankrupt and another who was interested in Hie fund, and such point was not made by affidavit of defense or notice of special matter accompanying the general issue pleas, it could not be raised Cor the first time on motion for judgment non obstante.</p>