Hinkle Iron Co. v. Kohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otto M. Kohn, from an order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of February, 1918, denying his motion for judgment on the pleadings consisting of an amended complaint and the demurrer thereto.
1Dissent
Smith, J. (dissenting):
This is an appeal from an order of the Special Term which denied the defendant’s motion upon the ground that the complaint stated a cause of action. The Midtown Contracting Company had a contract with the city. The plaintiff furnished some material for the performance of that contract and took an assignment of $4,500 from the eighth payment to become due from the city to the Midtown Contracting Company. That assignment was not recorded at the request of the defendant, who was the president of the Midtown Contracting Company and who, with his wife, owned 99 out of 100…
2Cases cited5 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Walter v. . BennettNew York Court of Appeals · 1857
- Britton v. . FerrinNew York Court of Appeals · 1902
- Jackson v. MooreAppellate Division of the Supreme Court of the State of New York · 1904
- Jackson v. MooreAppellate Division of the Supreme Court of the State of New York · 1902