Fox v. New York Wood Turning Co.
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict -of a jury and an order denying a motion for a new trial.
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Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict -of a jury and an order denying a motion for a new trial. The action was brought by plaintiff, as the payee named in the following instrument, to recover the sum therein mentioned from defendant upon its acceptance thereof : “ New York, Nov. 6th, 1882. “ To the New York Wood Turning Co.: “ On completion of the square turning machine made for turning newels (Machine No. 2), please pay to Benjamin Fox, and charge to me on account of said machine, the sum of one…
1Opinion of the CourtVan Hoesen, J.
The order and the acceptance operated as an assignment to the plaintiff of what should become due from the defendant to Heaton on the completion of machine No. 2 (Munger v. Shannon, 61 N. Y. 251; Duffield v. Johnson, 96 N. Y. 369). The jury has found that the machine was completed. There is evidence to sustain the finding, though the probabilities are that the machine still lacks a few small things essential to its completion. It is nevertheless substantially complete.
The question then is whether there is anything due to the plaintiff according to the terms of the assignment.
The answer to…
2Cases cited2 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- Duffield v. . JohnstonNew York Court of Appeals · 1884