Lockwood v. Cullin
The Superior Court of New York City
This action was brought on a special written agreement, given below, to recover certain annual subscriptions therein mentioned. In 1857, the firm of James Henderson & Co. composed of James Henderson and the plaintiffs, carried on the business entitled a “ Protective Trade and Collecting Agency.” One branch of this business was to obtain information concerning persons and impart such information to the subscribers to the agency.
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This action was brought on a special written agreement, given below, to recover certain annual subscriptions therein mentioned. In 1857, the firm of James Henderson & Co. composed of James Henderson and the plaintiffs, carried on the business entitled a “ Protective Trade and Collecting Agency.” One branch of this business was to obtain information concerning persons and impart such information to the subscribers to the agency. The firm had a book prepared, containing a list of names up to the 1st October, 1858.' It had a form of an agreement prepared, which was as follows ; “We, the…
1Opinion of the Court
By the Court,
Jones, J.
There are two distinct branches to this case. The one relating to the subscription earned prior to the assignment to Scott; the other relating to the claim for subscriptions subsequent to that period. As to the subscription earned prior to the assignment to Scott, that was a demand then due and owing. If this debt had been owing to an entire stranger, there is no question but that Mrs. Henderson, under the acts of 1848, 1849, 1860 and 1862, would, by an assignment thereof to her, by such stranger, have taken it as her sole and separate property, and would have had…
2Cases cited5 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Beebee v. . GriffingNew York Court of Appeals · 1856
- Neufville v. ThomsonNew York Court of Chancery · 1837
- Eagle Fire Insurance v. PellNew York Court of Chancery · 1835
- Powell v. MurrayNew York Court of Chancery · 1843
3Cited by1 opinion
- Youmans v. BoomhowerNew York Supreme Court · 1874