Taylor v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order overruling plaintiffs’ excep- • tians denying a motion for a new trial and directing judgment on a verdict. (Reported below, 20 Hun, 292.) The nature of the action and the material facts appear in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order overruling plaintiffs’ excep- • tians denying a motion for a new trial and directing judgment on a verdict. (Reported below, 20 Hun, 292.) The nature of the action and the material facts appear in the opinion. If mutual rights of á present action or a present set-off do not exist, an assignee takes a claim, free and clear of a set-off and none can attach afterward his hands. (2 R. S. *354, § 18 [6th ed.] ; 3 R. S. 634, § 12, subds. 5 and 8; Old Code, §…
1Opinion of the Court
Folger, Ch. J.
This is an action to recover for services rendered and materials furnished. They were rendered and furnished by the Transcript Association; some part thereof for the county of New York, and some part thereof for the city of New York. Wherever the original liability to pay therefor, it now rests entirely upon the city, by reason of the act of legislature consolidating the government of the county and city of New York. (Laws of 1874, chap. 304, p. 360, § 2.) The debt or demand was assigned by that association to the plaintiffs in this action. But before that assignment the county…
2Cases cited17 opinions
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
- Myers v. . DavisNew York Court of Appeals · 1860
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Southard v. . CurleyNew York Court of Appeals · 1892
- Bank of Am., N.A. v. KesslerAppellate Division of the Supreme Court of the State of New York · 2021
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Bernreither v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Kress v. Central Trust Co.New York Supreme Court · 1934
22 more not listed; retrieve them via the Exa API.