Scanlon v. Wallach

The plaintiff brings this action to recover upon a check made and delivered by the defendant to Mary L. Breese, guardian of William L. Breese, and by her transferred to the plaintiff. The check was given as a result of the following circumstances: The defendant’s wife died intestate, seized of real property in New York city, and leaving her surviving her husband and several children. The property was taken under condemnation proceedings by the city of New York. The plaintiff’s assignor held a mortgage *105upon this property. A proceeding was instituted in the Supreme Court to determine to whom…