594

Case No. 17,359.

WEIGHTMAN v. QUEEN.

[2 Cranch, C. C. 172.]1

Circuit Court, District of Columbia.

June Term, 1819.

SET-OFF—ASSIGNMENT OF OPEN ACCOUNT.

After the assignment of a claim upon an open account, the debtor cannot, in an action brought for the use of the assignee, set off a claim against the assignor, arising after notice of the assignment.

This suit was brought in the name of John Weightman, for the use of Henry Weightman, upon an open account assigned to the latter. 595The defendant offered to set off a claim against John Weightman, arising since the defendant had notice of the assignment.

Mr. Lear, for plaintiff.

Mr. Jones, for defendant.

THE COURT decided that the defendant could not set off claims accruing after the notice.

1 [Reported by Hon. William Cranch, Chief Judge.]

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