Gibson v. Haggerty
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in favor of the defendants, in a case tried before the court, without a jury, had been reversed, and a new trial awarded; the defendants stipulating for judgment absolute, in case of affirmance. (Reported below, 23 How. Pr. 260, and 15 Abb.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in favor of the defendants, in a case tried before the court, without a jury, had been reversed, and a new trial awarded; the defendants stipulating for judgment absolute, in case of affirmance. (Reported below, 23 How. Pr. 260, and 15 Abb. Pr. 406.) This was an action by James Gibson, assignee of Hugh McCrossan, against William C. Haggerty and others, composing the firm of Haggerty & Co., to recover a sum of $105.46, the balance of the proceeds of a promissory note which McCrossan had…
1Opinion of the CourtWoodruff, J.
(after stating the case.)—I think, the plaintiff cannot maintain this action. He claims to be entitled to certain moneys once due from the defendants to his assignor, McCrossan. Sturgis and others, judgment-creditors of McCrossan, have collected those moneys, in right of McCrossan, and by virtue of proceedings which gave to them all the authority, as against these defendants, which McCrossan himself would *651have had, if he had called on the defendants and received the money. The defendants having no notice of any assignment to the plaintiff, a payment to Mc-Crossan would have operated…
2Cases cited1 opinion
- Sherwood v. Buffalo & New-York City RailroadNew York Supreme Court · 1855
3Cited by3 opinions
- Hayes v. ArringtonTennessee Supreme Court · 1902
- State v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1893
- People v. Moynihan, New York County Courts1923