Mechanics & Traders' National Bank v. Winant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 16, 1889, which modified a judgment in favor of plaintiff entered upon the report of a referee by reversing the same as to costs, and affirmed the same as modified.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 16, 1889, which modified a judgment in favor of plaintiff entered upon the report of a referee by reversing the same as to costs, and affirmed the same as modified. This action was brought by plaintiff as assignee of a contract between one Gavin and defendant, The Mayor, etc., of the city of Mew York, for improving Lexington avenue in said city, to recover a balance alleged to be due on said contract, and to determine as to conflicting claims of the other…
1Opinion of the CourtGray, J.
The only question upon this appeal is, whether one, who is an assignee of the moneys due, and to grow due, under a contract made by the assignor with the city of Hew York, may recover a balance due upon the completion of the contract from the city, to the exclusion of a sub-contractor, who has failed to file his notice of claim with the particular municipal officer mentioned in the contract. The contract was made in 1875, for the regulation, etc., of Lexington avenue and was completed in 1877. Within a fewmontlis of its inception, the contractor made an assignment to plaintifli of all moneys…
2Cited by14 opinions
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Riverside Contracting Co. v. City of New YorkNew York Court of Appeals · 1916
- N. O. Nelson Co. v. StephensonCourt of Appeals of Texas · 1914
- Hall v. JonesSupreme Court of North Carolina · 1909
- Mansfield v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1900
9 more not listed; retrieve them via the Exa API.