Legal Opinion

Mayor, Aldermen and Commonalty v. Mechanics & Traders' Bank

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1909PublishedCited by 2 opinions

Appeal by the defendant, The Mechanics and Traders’ Bank of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entéred in the office of the clerk of the county of New York on the 16th day of March, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 17th day of March, 1903, denying the defendant’s motion-for a new trial…

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Appeal by the defendant, The Mechanics and Traders’ Bank of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entéred in the office of the clerk of the county of New York on the 16th day of March, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 17th day of March, 1903, denying the defendant’s motion-for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

The undisputed facts, so far as material to the question presented by the appeal, are as follows: In June, 1875, one Gavin entered into a contract with the city of New York to do certain work on Lexington avenue between One Hundred and Second street and the Harlem river. On the first of November of that year, in consideration of money advanced to him by the defendant or its predecessor, to be used in the completion of the contract, he assigned and *750transferred to the defendant all his interest therein, including moneys due and to grow due thereon. Some time thereafter the…

2Cases cited4 opinions

  1. Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
  2. City of New York v. . BairdNew York Court of Appeals · 1903
  3. City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1902
  4. Mechanics' & Traders' National Bank v. WinantNew York Supreme Court · 1888

3Cited by2 opinions

  1. Bankers' Trust Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1934
  2. Mayor, Aldermen & Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1913

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