Hinkle Iron Co. v. . Kohn
New York Court of Appeals
Appeal from a judgment, entered September 24, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reveised an order of Special Term denying a motion by defendant for judgment in his favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. The written assignment of the Midtown Contracting.
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Appeal from a judgment, entered September 24, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reveised an order of Special Term denying a motion by defendant for judgment in his favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. The written assignment of the Midtown Contracting. Company was a transfer of the legal title to the specified portion of the payment, and after the delivery of that assignment, the assignor had no legal right, by virtue of the…
1Opinion of the CourtCollin, J.
A brief yet adequate statement of the facts alleged in the complaint is: A contractor corporation assigned to the plaintiff November 10, 1915, by the hand of the defendant, its and as its president, the sum of forty-five hundred dollars out and a part of a designated payment to become due the corporation under a contract between it and the city of New York. The assignment was not filed. The corporation, at the hand or with the knowledge of the defendant, received between December 31, 1915, and January 20,1916, -the payment in a check or warrant, which the defendant properly indorsed and…
2Cases cited10 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Holmes v. . EvansNew York Court of Appeals · 1891
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- AMF Inc. v. Algo Distributors, Ltd.Appellate Division of the Supreme Court of the State of New York · 1975
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