Richardson v. Mead
New York Supreme Court
THIS action was brought in a court held by a justice of the peace, where the plaintiff recovered a judgment against the defendant for $35.38 damages, besides costs. The cause of action was a claim in favor of Philo Wetherby against the defendant, for work of the former, which he had performed for the defendant: and which claim the plaintiff alleged Wetherby had assigned to him.
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THIS action was brought in a court held by a justice of the peace, where the plaintiff recovered a judgment against the defendant for $35.38 damages, besides costs. The cause of action was a claim in favor of Philo Wetherby against the defendant, for work of the former, which he had performed for the defendant: and which claim the plaintiff alleged Wetherby had assigned to him. The claim, as presented to the justice, was in theform of an account; and on the back thereof was an assignment of it to the plaintiff in these words and figures, to wit: “ Oct. 13, 1856. This day, at 8 o’clock in the…
1Opinion of the Court
By the Court, Balcom, J.
If the defendant had paid to the plaintiff the claim for Wetherby’s work, without suit,'the latter could not have recovered it again, of the defendant, upon proof that the assignment of it to the plaintiff was without consideration. The assignment establishes the fact that Wetherby desired the defendant should pay the plaintiff for the work; and if he had paid the claim therefor, the law would declare that he had done so at Wetherby’s request.
*180There can be no doubt, if Wetherby had only promised the plaintiff that he would transfer-the claim to him, that the plaintiff…
2Cases cited2 opinions
- Arthur v. BrooksNew York Supreme Court · 1853
- Barnes v. PerineNew York Supreme Court · 1852
3Cited by10 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Gregoire v. RourkeOregon Supreme Court · 1895
- Bulova v. E. L. Barnett, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Dennin v. PowersNew York Supreme Court · 1916
- Moore v. WaddleCalifornia Supreme Court · 1867
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