Manchester v. . Braedner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was commenced June 20, 1882, to recover for building materials furnished and delivered by plaintiffs to defendant. The defense was the statute of limitations.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was commenced June 20, 1882, to recover for building materials furnished and delivered by plaintiffs to defendant. The defense was the statute of limitations. It appeared that defendant in February, 1876, entered into an agreement with one Hoover, who was engaged as contractor in building certain houses, to do all the plastering for a sum agreed upon, payable…
1Opinion of the CourtAndrews, J.
When one delivers to another an order on a third person to pay a specified sum of money to the person to whom the order is given, the natural import of the transaction is, that the drawee is indebted to the drawer in the sum mentioned in the order, and that it was. given to the payee as a means of paying or securing the payment of his debt. In other words, it implies the relation of debtor and creditor between the parties to the extent of the sum specified in the order and a willingness on the part .of the debtor to pay the debt. The transaction may be consistent with a different relation and…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- Bogert v. . MorseNew York Court of Appeals · 1848
3Cited by51 opinions
- Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- In Re PovillCourt of Appeals for the Second Circuit · 1939
- In Re Estate of ButlerOhio Supreme Court · 1940
- Lincoln-Alliance Bank & Trust Co. v. FisherAppellate Division of the Supreme Court of the State of New York · 1936
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