New York Supreme Court September 3, 1860 (Huntington v. Potter)

By the Court,

Johnson, J.

I am unable to see how the conclusion of law, that the defendant Fellows “cannot be deemed to have acted in good faith,” in settling the demand with Potter and taking a release, can be sustained, upon the facts found by the referee. The fact is distinctly found that at the time of such settlement and release, Fellows had no knowledge of the assignment to the plaintiff.