Fortunato v. . Patten
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered October 9, 1893, which affirmed a judgment entered upon the report of a referee determining the order of payment to various creditors out of a fund paid into court, by the city of Few York. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered October 9, 1893, which affirmed a judgment entered upon the report of a referee determining the order of payment to various creditors out of a fund paid into court, by the city of Few York. The facts, so far as material, are stated in the opinion. The failure to secure the consent of the commissioner of public works to Patten’s first assignment did not render that assignment void. (Grigg v. Landis, 21 N. J. Eq. 494; Kneetle v. Newcomb, 22 N. Y. 249; In re N. Y., L. & W. R. R.…
1Opinion of the CourtBartlett, J.
This is an appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of Eew York affirming a judgment entered upon the report .of a referee determining the order of payment to various creditors out of a fund paid into court by the city of Eew York.
John F. Dawson, in October, 1886, entered into a contract witlrthe city to regulate and grade Edgecomb avenue and other streets.
Prior to April 11, 1887, the appellant Patten loaned to Dawson six thousand dollars, and the latter on that day-assigned to Patten all his rights and interest under the contract. The…
2Cases cited6 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Burck v. TaylorSupreme Court of the United States · 1894
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Fairbanks v. . SargentNew York Court of Appeals · 1887
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3Cited by53 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Allhusen v. Caristo Construction Corp.New York Court of Appeals · 1952
- In re WrightCourt of Appeals for the Second Circuit · 1907
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Portuguese-American Bank of San Francisco v. WellesSupreme Court of the United States · 1916
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