Williams v. State
Appellate Division of the Supreme Court of the State of New York
Appeal, by the claimants, Richard J. Williams and another, composing the firm of Williams & Manogue, from a judgment of the Court of Claims of the State of New York, entered in the office of the clerk of said court on the 15th day of September, 1903, dismissing the claim filed by the claimants in the above-entitled action.
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Appeal, by the claimants, Richard J. Williams and another, composing the firm of Williams & Manogue, from a judgment of the Court of Claims of the State of New York, entered in the office of the clerk of said court on the 15th day of September, 1903, dismissing the claim filed by the claimants in the above-entitled action. On the 25th day of September, 1897, the board of managers of the Long Island State Hospital made a contract with one George Fruli in consideration of $76,900, which had been appropriated by the State for that purpose, for the heating, ventilating and hot. water supply of…
1Opinion of the Court
Parker, P. J.:
It must be conceded that the assignment by Fruh to the claims ants of an interest in his contract with the State, to the extent of - $23,300, was a valid assignment, and, as between the claimants and Fruh, could have been enforced by them against him, so fast as they earned the amounts which such assignment was made to secure. (Brace v. City of Gloversville, 167 N. Y. 452, 457; Hackett v. Campbell, 10 App. Div. 523; affd., 159 N. Y. 537.)
It must also be conceded that the fact of this assignment, to the extent of $23,300, was known to the State. The facts appearing in the record…
2Cases cited4 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Waller v. . StateNew York Court of Appeals · 1895
- Hackett v. CampbellAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Anders v. StateNew York Court of Claims · 1964