Leavenworth v. Upson , 4 Day 100 ( 1809 )

By the Court.

It appears from the declaration, that the plaintiff had assigned to Stephen Twining all his interest in the note; and that notice thereof had been given to the defendant previous to his receiving the discharge in question. And the plaintiff has not alié-ged any facts, which render him liable to Twining. The defendant’s receiving this discharge, therefore, might be a fraud on Twining, but was no injury to the plaintiff.

Judgment affirmed.