Bliss v. . Lawrence
New York Court of Appeals
These are appeals from judgments of the General Term of the Court of Common Pleas for the city and county of Rew York, affirming judgments of District Courts of said city dismissing the complaint in each case.
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These are appeals from judgments of the General Term of the Court of Common Pleas for the city and county of Rew York, affirming judgments of District Courts of said city dismissing the complaint in each case. The complaint in each case alleged, and the evidence established, that the defendant was a clerk in the United States treasury department, in Rew York city, and that he sold and assigned to plaintiff a month’s salary in advance at a discount of ten per cent; that the defendant, when the salary became due, collected the same and converted it to his own use. Future wages or compensation…
1Opinion of the CourtJohnson, J.
The controlling question in these cases is that of the lawfulness of an assignment, by way of anticipation, of the salary to become due to a public officer. The particular cases presented are of assignments of a month’s salary in advance. But if these can be sustained in law, then such assignments may cover the whole period of possible service. In the particular cases before us, the claims to a month’s salary seem to have been sold at a discount of about ten per ■cent. While this presents no question of usury (since it was a sale and not a loan for which the parties were dealing), it does…
2Cases cited1 opinion
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
3Cited by57 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- In Re the Judicial Settlement of the Accounts of WorthingtonNew York Court of Appeals · 1894
- Board of Com'rs, Cleveland Co. v. BarrSupreme Court of Oklahoma · 1918
- National Bank v. FinkTexas Supreme Court · 1893
- Schloss v. HewlettSupreme Court of Alabama · 1886
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