Crouch v. Muller
New York Supreme Court
Appeal from circuit court,-county. Action by George W. Crouch, Jr., against Gustave Muller. Judgment was entered on a trial by the court without a jury for plaintiff, and defendant appeals.
1Opinion of the CourtDavight, P. J.
At the date of the order hereafter mentioned there Avas due and to grow due from the defendant to one Scheuck, on a building contract, more than $1,000, and Scheuck owed the plaintiff $1,000 for lumber. To pay his debt Scheuck gave the plaintiff an order on the defendant for $1,000, payable out of the moneys due and to grow due on the contract. Yo question is made but that, under the doctrine of Brill v. Tuttle, 81 N. Y. 457, this order operated as an assignment pro tanto of the fund; nor that, in the language of the same case, “the drawee (in such an order) is bound, after notice of such…
2Cases cited1 opinion
- Brill v. . TuttleNew York Court of Appeals · 1880
3Cited by1 opinion
- Crouch v. MüllerNew York Supreme Court · 1892