Greene v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 5, 1897, affirming a judgment in favor of the plaintiff, entered upon the report of a referee, for $9,523.58. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 5, 1897, affirming a judgment in favor of the plaintiff, entered upon the report of a referee, for $9,523.58. The nature of the action and the facts, so far as material, are stated in the opinion. The referee’s findings of fact are not open to review in this court, as they were based on conflicting testimony, and his decision has been affirmed by the Appellate Division. (Cook v. Whipple, 55 N. Y. 150; Quincey v. White, 63 N. Y. 370 Van Tuyl v. W. F. Ins. Co., 55 N. Y. 657;…
1Opinion of the Court
Bartlett, J„
The plaintiff brings this action as receiver of the Merchants’ Bank of Lockport.
On the 5th day of August, 1876, one Helmer assigned to the First National Bank of Lockport his interest in a certain contract that he held under an agreement with the defendant, as security for his indebtedness to the bank.
The assignee bank was afterwards wound up and the Merchants’ Bank of Lockport succeedéd to its interest in this contract and is represented here by the plaintiff as its receiver.
In August, 1873, Morgan and Roby entered into a written contract which recited that they had purchased…
2Cases cited3 opinions
- Flynn v. . HurdNew York Court of Appeals · 1889
- Vanderbeck v. . City of RochesterNew York Court of Appeals · 1890
- Husted v. . Van NessNew York Court of Appeals · 1899
3Cited by12 opinions
- Hudson v. . Glens Falls Ins. Co.New York Court of Appeals · 1916
- U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
- Clipfel v. KantrowitzSupreme Court of Connecticut · 1956
- In re Patterson's EstateNew York Surrogate's Court · 1910
- Moran v. WellingtonNew York Supreme Court · 1917
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