Tallman v. . Hoey
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 7, 1881, which affirmed judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance of the purchase-price of certain premises conveyed by plaintiff to defendant.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 7, 1881, which affirmed judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance of the purchase-price of certain premises conveyed by plaintiff to defendant. Defendant admitted that the balance claimed was unpaid, but set up as a counter-claim an indebtedness of plaintiff to one Lynch, a real estate broker, for commissions in effecting a sale of…
1Opinion of the CourtFinch, J.
■ The instrument which is the subject of this litigation is described by the plaintiff as a bill of exchange; and claimed by the defendant to operate as an equitable assignment of the commissions alleged to have been earned by Lynch and due from the plaintiff. If a bill of exchange, Tail-man could not be made liable for want of acceptance in writing. If the holder can enforce it at all, it must be upon the ground of an equitable assignment. But the circumstance which justifies and induces that equitable construction which treats as an assignment what is not strictly and legally such, is the…
2Cases cited3 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Belden v. . MeekerNew York Court of Appeals · 1872
3Cited by10 opinions
- Muller v. . KlingNew York Court of Appeals · 1913
- Stephenson v. Go-Gas Co.New York Court of Appeals · 1935
- In re the Judicial Settlement of the Account of GurlitzNew York Surrogate's Court · 1918
- Shaw v. TonnsAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of BroganNew York Surrogate's Court · 1937
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