James v. City of Newton
Massachusetts Supreme Judicial Court
Bill in equity, filed Jane 24, 1885, against the city of Newton and Royal Gilkey, assignee in insolvency of the estate of William H. Stewart, alleging the following facts : William H. Stewart, on August 14,1883, entered into a contract in writing with the city of Newton to build a school-house for said city upon the terms and conditions set forth in said contract.* Stewart thereupon entered upon the performance of his part of said contract, and had nearly fulfilled the same,…
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Bill in equity, filed Jane 24, 1885, against the city of Newton and Royal Gilkey, assignee in insolvency of the estate of William H. Stewart, alleging the following facts : William H. Stewart, on August 14,1883, entered into a contract in writing with the city of Newton to build a school-house for said city upon the terms and conditions set forth in said contract.* Stewart thereupon entered upon the performance of his part of said contract, and had nearly fulfilled the same, when, he becoming financially embarrassed, on June 13, 1884, a meeting of his creditors was held, and they voted to…
1Opinion of the CourtField, J.
The assignment in this case is a formal assignment, for value, of “the sum of six hundred dollars now due and to become due and payable to me ” from the city of Newton, under and by virtue of a contract for building a grammar school-house, and it is agreed that this sum “ shall be paid out of the money reserved as a guaranty by said city,” and the assignee is empowered “ to collect the same.” There is no doubt that it would operate as an assignment to the extent' of $600, if there can be an assignment, without the consent of the debtor, of a part of a debt to become due under an existing…
2Cases cited26 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Williams v. . IngersollNew York Court of Appeals · 1882
- Christmas v. RussellSupreme Court of the United States · 1872
- Mandeville v. WelchSupreme Court of the United States · 1820
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
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3Cited by46 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- General Exchange Insurance v. DriscollMassachusetts Supreme Judicial Court · 1944
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Kandelin v. Lee Moor Contracting Co.New Mexico Supreme Court · 1933
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