# Brown v. Coleman

> New York Supreme Court · February 12, 1890 · 8 N.Y.S. 808

URL: https://www.frixlaw.com/law-library/cases/5498018

## Case

- **Full name:** Brown v. Coleman
- **Court:** New York Supreme Court
- **Decided:** February 12, 1890
- **Citations:** 8 N.Y.S. 808; 62 N.Y. Sup. Ct. 501; 30 N.Y. St. Rep. 347; 55 Hun 501; 1890 N.Y. Misc. LEXIS 1794
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barnard
- **Judges:** Barnard
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5498018

## Opinion text

Barnard, P. J.
By section 502 of the Code of Civil Procedure it is provided that, when an assignee of a claim sues upon it, a demand existing at the time of the assignment may be allowed as a counter-claim to the amount of the plaintiff’s demand. The case shows that the plaintiff is the assignee of a claim for rent. The defendant sets up a counter-claim for a breach of the contract under which the premises were leased. The court charged that the assignee stood in the place of his assignor for all damages sustained by the tenant on account of a breach of the landlord’s (assignor’s) agreement. This was erroneous. When the jury allowed a counter-claim to the extent of the plaintiff’s demand, the court should have told the jury to find for the defendant. The fact that the plaintiff’s attorney was the assignor of the claim has no relevancy in this respect. In the case of Patton v. Baking Powder Co., 114 N. Y. 1 , 20 N. E. Rep. 621, the claim of the plaintiff, although sued as assignee, “ was his personally, and not as assignee. ” He assumed to perform the contract assigned to him which made him liable for damages for a breach of the contract. The judgment of the county court should be reversed, and a new trial granted, with costs to abide event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5498018. Public record. Not legal advice.