Loftus v. Benjamin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Mary F. Loftus against Park Benjamin. From a judgment for defendant, plaintiff appeals.'
1Opinion of the CourtLehman, J.
The defendant owed a partnership, composed of H. Coons and T. Loftus, the sum of $219 upon an account for services rendered. After the dissolution of the firm, one of the partners, without the knowledge of the other, assigned the claim to the plaintiff, and plaintiff gave notice of the assignment to defendant. Defendant, being confronted by the claim of the plaintiff, and also by a claim of the partner who had not joined in the assignment, paid the amount due to him, accepting his promise of protection in case of a suit by the plaintiff. At the trial the plaintiff presented in evidence proof,…
2Cases cited3 opinions
- Robbins v. . FullerNew York Court of Appeals · 1862
- Local Government Assistance Corp. v. Sales Tax Asset Receivable Corp.New York Court of Appeals · 2004
- Gray v. . GreenNew York Court of Appeals · 1894
3Cited by1 opinion
- Engelhard v. SchroederSupreme Court of New Jersey · 1921