Faulkner v. Swart
New York Supreme Court
Appeal from judgment on report of referee. Action by Susannah Faulkner against Nicholas H. Swart, Henry S. De Forest, and James J. Bradshaw. It is Important to notice the relative time of certain transactions.
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Appeal from judgment on report of referee. Action by Susannah Faulkner against Nicholas H. Swart, Henry S. De Forest, and James J. Bradshaw. It is Important to notice the relative time of certain transactions. J. S. Faulkner agreed to do certain work for the defendants, January 31, 1887. Under that agreement he worked for defendants from January 31, 1887, to May 2, 1887. He made an agreement with plaintiff, his mother, that she should have the earnings under this contract with defendants. This agreement was made February 1,1887. The defendants had notice of this last agreement only by the…
1Opinion of the CourtLearned, P. J.
The agreement made by J. S. Faulkner with the plaintiff did not operate at once as an assignment of indebtedness thereafter to arise. But it was an equitable assignment, which a court would enforce as acting upon the indebtedness as it arose, from time to time. Field v. Mayor, 6 N. Y. 187; McLachlin v. Brett, 105 N. Y. 396, 12 N. E. Rep. 17. We cannot say, then, that the defendants never owed J. S. Faulkner, but at once owed the plaintiff for whatever Faulkner did. To say this would be to give a legal, and not an equitable, effect to the agreement made with the plaintiff by him. We must treat…
2Cases cited2 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- McLachlin v. . BrettNew York Court of Appeals · 1887
3Cited by9 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Harrisburg Trust Co. v. ShufeldtCourt of Appeals for the Ninth Circuit · 1898
- Blog v. Burden & Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Wyckoff v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- Cogan v. Conover Manufacturing Co.New Jersey Court of Chancery · 1905
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