Oliver, Use of Griffith v. Lowery

Superior Court of Delaware

Oliver, Use of Griffith v. Lowery

2 Del. 467

Superior Court of Delaware·Decided July 5, 1838·Published

Opinion

The Court.

A party taking an assigned bond must take it subject to all the equities, as between the original parties. Griffith, therefore, took this bond and judgment, subject to whatever equitable claim for deduction Lowery had against Oliver, and it now appears that a part of the consideration, to the amount of $201 33, was a note which Oliver had become responsible to pay for Lowery, and which he undertook to pay, but never did. The note has since been paid by Lowery, who has a clear equity either as against Oliver or his assignee, to have it deducted from the amount of the bond.

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The Court.

A party taking an assigned bond must take it subject to all the equities, as between the original parties. Griffith, therefore, took this bond and judgment, subject to whatever equitable claim for deduction Lowery had against Oliver, and it now appears that a part of the consideration, to the amount of $201 33, was a note which Oliver had become responsible to pay for Lowery, and which he undertook to pay, but never did. The note has since been paid by Lowery, who has a clear equity either as against Oliver or his assignee, to have it deducted from the amount of the bond.

Oliver, Use of Griffith v. Lowery, 2 Del. 467 (Del. Ct. App. 1838).

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2 Del. 467 (Oliver, Use of Griffith v. Lowery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.