
    DILTS against TRIMMER. [692]
    OS CERTIORARI.
    At the trial below, the defendant, Trimmer, who was also defendant below, gave in evidence a sealed bill, given by Alexander Ramsey to Nicholas Stillwell, and by Stillwell assigned to Dilts, and by Dilts to Trimmer, and contended that Ramsey was insolvent, and the money lost, and that the insolvency of Ramsey was known to Dilts at the time of the assignment. This assigned bill was allowed, and the defendant obtained a judgment in his favor, for $25.69.
    
      Mr. Halsey
    
    moved to reverse the judgment, on the ground, that the assignee of a sealed bill could not resort to the assignor in case of the failure of a maker of the bill to pay, as was decided in the case of Garritsie v. Van Ness
      
       That if the defendant went on the ground of fraud in the assignment it was a tort and not a subject of set-off.
    
      
      
        Ante SO.
      
    
   By the Court.

Whichever way it is taken, it can not be supported.

Judgment reversed.  