Brooks Co. v. Tolman
Ohio Circuit Courts
Error to Cuyahoga common pleas court. Benjamin, Sales (1 ed.) Sec. 311, p. 281; Sec. 352, p. 290; Sec. 358, p. 301; See. 359, p. 302; Haynes v. Thompson, 80 Me. 125 [13 Atl. Rep. 276]. The allegations in defendant’s first defense do not excuse it from paying over the money owing to the assignor to plaintiff. 2 Am. & Eng. Enc.
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Error to Cuyahoga common pleas court. Benjamin, Sales (1 ed.) Sec. 311, p. 281; Sec. 352, p. 290; Sec. 358, p. 301; See. 359, p. 302; Haynes v. Thompson, 80 Me. 125 [13 Atl. Rep. 276]. The allegations in defendant’s first defense do not excuse it from paying over the money owing to the assignor to plaintiff. 2 Am. & Eng. Enc. Law (2 ed.) 1031; Gamble v. Carlisle, 6 Dec. 48 (3 N. P. 279). The allegations in defendant’s second defense do not constitute an excuse for their not paying plaintiff from the wages of assignor earned or to be earned under the existing employment. Gamble v. Carlisle, 6…
1Opinion of the CourtMarvin, J.
This case is here by proceeding in error.
Tolman brought suit against the Brooks Company, alleging that:
“On or about January 3, 1901, D. C. Finneran, for a valuable con*322sideration entered into a written contract with the plaintiff, D. H. Tolman, wherein the said' D. C. Finneran agreed to sell, assign and transfer, and did thereby sell, assign and transfer to this plaintiff all his salary due or to become due to said D. C. Finneran from the Brooks Company for the period of ten years from the date of said instrument, and which salary amounted to $16 per week, and became due and payable on the…
2Cases cited6 opinions
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Kane v. CloughMichigan Supreme Court · 1877
- Hawley v. BristolSupreme Court of Connecticut · 1872
- Boylen v. LeonardMassachusetts Supreme Judicial Court · 1861
1 more not listed; retrieve them via the Exa API.