Deach v. Perry
New York Supreme Court
Appeal from special term, Oneida county. The plaintiff, Jacob Deach, sued defendant, William H. Perry, to recover money due for labor accounts; the greater portion of the claim being demanded by plaintiff on alleged assignments by the original claimants. J udgment on default was entered. The inquest as taken was set aside, and the ■cause ordered to be referred.
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Appeal from special term, Oneida county. The plaintiff, Jacob Deach, sued defendant, William H. Perry, to recover money due for labor accounts; the greater portion of the claim being demanded by plaintiff on alleged assignments by the original claimants. J udgment on default was entered. The inquest as taken was set aside, and the ■cause ordered to be referred. The referee afterwards made a report in favor of plaintiff and against defendant for $60.50, and ordered judgment for that .amount. Prom the judgment defendant appeals.
1Opinion of the CourtHardin, P. J.
Appellant’s first point is that the referee erred in finding “that the several accounts, (mentioned in the second count of the complaint,) and each of them, were duly assigned by written instruments to the plaintiff before the commencement of this action;” and his argument is that there is no suflicient evidence that the accounts, or any of them, were assigned before the commencement of the action.
I. The complaint contains the positive averment that the accounts were assigned before the commencement of the action. The answer contains only a denial of knowledge or information sufficient to…
2Cases cited4 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Allen v. . BrownNew York Court of Appeals · 1870
- Hays v. . HathornNew York Court of Appeals · 1878
- Eaton v. . AlgerNew York Court of Appeals · 1872
3Cited by4 opinions
- Washoe County Bank v. CampbellNevada Supreme Court · 1917
- In re the Estate of WinsweilerNew York Surrogate's Court · 1933
- Rosenthal v. RudnickAppellate Division of the Supreme Court of the State of New York · 1901
- Hamilton v. DiefenderferWyoming Supreme Court · 1913