
    *Hatcher v. Cabell.
    May, 1828.
    Assigned Bond — Debt on — Evidence—Payment to Assignor. — Jn debt on an assigned bond, the assignee being Plaintiff, if the Defendant pleads that he has paid the debt to the Plaintiff, (without pleading payment to the assignor before notice of the assignment.) it is not allowable to give in evidence any set-off against, or payment to, the assignor.
    Debt by George Cabell, assignee of Benjamin Perkins, in the Superior Court of haw for Bedford county, against Archibald Hatcher, Edward Hatcher, and Harda-way Hatcher, on a bond, in the penalty of $5,527 62, conditioned to pay, on or before the 7th of March, 1819, the sum of $2,763 81, dated in April, 1818, executed by the said Hatchers to Perkins, and by him assigned to the Plaintiff. The Defendants pleaded, “that they have paid the debt, in the Declaration mentioned, to the Plaintiff.’’ General replication, and issue. At the trial, the Defendants excepted to an opinion of the Court. The Bill of Exceptions sets forth, that on the trial of the cause, the Defendants’ Counsel offered as a set-off to the Plaintiff’s demand, two notes; the first of which is a negotiable note, dated Bynchburg, 17th January', 1819, executed by Benjamin Perkins to James W. Dibrell, promising to pay him, or order, ninety days after date, that the Farmers’ Bank at Lynchburg, $1,795 57, endorsed by the said James W. Dibrell, John Moore, and Archibald Hatcher. This note was regularly protested at maturity, and the instrument of protest was also offered in evidence. The second note was in the following words: “For, and in consideration of the sum of $613 22, this day borrowed of James W. Dibrell, I hereby transfer and assign to him a bond, executed to me by A. and E. Hatcher, dated about 7th March, 1818, and payable twelve months after date, for $2,763 and cents, after deducting $2,000 for Dr. George Cabell, who now holds the said bond: when the said Dibrell collects the money, he is to pay himself the above $613 22, with interest, and the balance I am entitled to: This 30th March, 1819.
    Benj. Perkins.”
    *With an endorsement, as follows:
    “I assign the within to A. Hatcher, for value received.
    James W. Dibrell.”
    The Court refused to suffer the notes to go in evidence to the Jury, because it was proved by the Plaintiff, that in December, 1818, or January, 1819, the Defendant, A. Hatcher, had notice that the bond in the Declaration mentioned, had been assigned to the Plaintiff, and that in January' or February', 1819, the Defendant, A. Hatcher acknowledged he had no set-off against the same, and there being no evidence offered to show that the whole bond was not assigned to the Plaintiff, other than the second mentioned paper alone.
    Verdict and Judgment for the Plaintiff, from which the Defendants appealed.
    Wickham, for the Appellants.
    Johnson, for the Appellee.
    
      
      See monographic note, on “Assignments" appended to Ragsdale v. Hagy, 9 Gratt. 409.
    
   May 5.

The PRESIDENT

delivered the opinion of the Court.

The Judgment in this case, ought to be affirmed on the general objection, that the matter on which the questions in the Bill of Exceptions were raised, was not pertinent to the issue made up on the plea of payment to the Plaintiff only. 
      
      Absent. Judge Coaltkr. Judge Cabell, being related to one of the parties, did not sit in this case.
     