Brill v. . Tuttle
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict. (Reported below 15 Hun, 289.) This action was brought upon a written instrument, a copy of which is set forth in the opinion, wherein also the material facts are stated.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict. (Reported below 15 Hun, 289.) This action was brought upon a written instrument, a copy of which is set forth in the opinion, wherein also the material facts are stated. As it was clear from the conversation between the defendant and Ackerman, and from the defendant’s admission to Russell, that there was more than sufficient back to meet this order when it was first presented ; whether due or even earned at that time is immaterial,…
1Opinion of the CourtRapallo, J.
The difficulty iu this ease consists rather in ascertaining the true construction to be put upon the order, than the legal principles applicable to the case. There can be no doubt as to the rule that when, for a valuable consideration from the payee, an order is drawn upon a third party and made payable out of a particular fund, then due or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment tanto of the fund, and the drawee is bound, after notice of such assignment, to apply the fund, as it accrues, to the payment of the order and to no…
2Cases cited6 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- White's Bank of Buffalo v. MylesNew York Court of Appeals · 1878
- Lowery v. . StewardNew York Court of Appeals · 1862
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
- Alger v. . ScottNew York Court of Appeals · 1873
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3Cited by97 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Lauer v. . DunnNew York Court of Appeals · 1889
- Hibbs v. . BrownNew York Court of Appeals · 1907
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
92 more not listed; retrieve them via the Exa API.