Cosgrove v. Metropolitan Construction Co.

The opinion of the court was delivered by

Fort, J.

Almost all the questions argued on the brief in this case are questions of fact which have been determined by the District Court.

There waS evidence from which that court could find that Elliott, the assignor of the plaintiff, was authorized to pay the workmen of the defendant, and that the defendant had agreed to reimburse him for such payments. Similar transactions had previously occurred, and the defendant had paid Elliott the amounts so disbursed by him. It was clearly proved that the debt paid for the defendant company to its workmen was…