The account was due to the firm of Strong & Tolley, and was assigned by Strong alone. No
Whether the assignment to the defendants was bona fide or not, was a question of fact, in the decision of which the referee was clearly correct. It is insisted that a man is not a bona fide purchaser till he has actually paid the consideration. That is sometimes so; (Jewett v. Palmer, 7 John. Ch. Rep. 65 ;) but not in the sense of the statute of set-off. An obligation to pay the consideration comes to the same thing. If a man buy an account or note, with intent to set it off, giving his own note, he must pay it, though he fail to effect the intended set-off. He must run his risk of collecting the assigned demand by action.
The referee was right; and the motion to set aside his report is denied.
Motion denied.