Carnegie Trust Co. v. Battery Place Realty Co.
New York Supreme Court
Appeal"by the defendant from a judgment of the Municipal Court of the city of'New York, first district, borough of Manhattan, rendered in favor of the plaintiff.
1Dissent
Bijur, J. (dissenting).
One KisseTbffrgH, having assigned to plaintiff, as collateral security for loans, $1,500 of his compensation due from the State for professional services, subsequently assigned to defendant, for a nominal consideration, $1,000 out of the same or similarly described compensation.
On presentation of both claims „for $1,500 and $1,000, respectively, to the State Comptroller, $1,000 was paid to each of the parties. This suit for $500 resulted.
I am of the. opinion that the action will not lie.
Butterworth v. Gould, 41 N. Y. 450, 463, holds that: “ Where a defendant has…
2Cases cited3 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Butterworth v. . GouldNew York Court of Appeals · 1869
- Welch v. . PolleyNew York Court of Appeals · 1904