Crane v. Knubel
The Superior Court of New York City
Appeal from judgment entered upon the report of a referee. The action was brought to recover $821 91, the amount of an order drawn by John Gr. Hoffman, in favor of the plaintiff and accepted by the defendant, and payable by its terms out of the fifth payment to which John Gf. Hoffman might become entitled under a certain builder’s contract made with the defendant. The answer alleged that said John Gf. Hoffman abandoned the contract before the fifth payment became due.
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Appeal from judgment entered upon the report of a referee. The action was brought to recover $821 91, the amount of an order drawn by John Gr. Hoffman, in favor of the plaintiff and accepted by the defendant, and payable by its terms out of the fifth payment to which John Gf. Hoffman might become entitled under a certain builder’s contract made with the defendant. The answer alleged that said John Gf. Hoffman abandoned the contract before the fifth payment became due. The issues were referred, by consent of parties, to a referee to hear and determine the same, and his report is as follows :…
1Opinion of the Court
By the court, Freedman, J.
—It was conceded by both parties, on the argument, that if the contract between Hoffman, the drawer, and the defendant, the drawee and acceptor, has been so far performed as to entitle Hoffman, as contractor, to the fifth payment, plaintiff, as payee named in the order, has an undoubted right to recover ; because such order and *393its acceptance operated as an assignment by Hoffman to the plaintiff of the fund in defendant’s hands. The main question, therefore, is whether the said fifth payment has been earned by the contractor according to the terms of the contract.
The…
2Cases cited11 opinions
- Oakley v. . MortonNew York Court of Appeals · 1854
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Grant v. . JohnsonNew York Court of Appeals · 1851
- Walker v. . MillardNew York Court of Appeals · 1864
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3Cited by3 opinions
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Todd v. Union Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Davidson v. GaskillSupreme Court of Oklahoma · 1912