Lauer v. . Dunn
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made April 12, 1889, which reversed an order of the Monroe County Court setting aside a verdict directed for the plaintiffs and granting defendant’s motion for a nonsuit. The nature of the action and the facts, so far as material,, are stated in the opinion. The giving of the order did not transfer to the plaintiffs any greater rights thanHerle (the drawer) had.
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Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made April 12, 1889, which reversed an order of the Monroe County Court setting aside a verdict directed for the plaintiffs and granting defendant’s motion for a nonsuit. The nature of the action and the facts, so far as material,, are stated in the opinion. The giving of the order did not transfer to the plaintiffs any greater rights thanHerle (the drawer) had. (Cheney v. T. H. Assn., 65 N. Y. 282; Conselyea v. Blanchard, 103 id. 222; Jones on Liens, §§ 1289, 1502; Morgan v. Stevens, 6 Abb N. C. 356,…
1Opinion of the CourtGray, J.
Under a contract between the defendant, as owner of certain property, and one Herle, for the construction of several buildings, these plaintiffs, as sub-contractors, furnished labor and materials. The .day after their completion, for a portion of the sum remaining due them, they received this writing from the contractor, Herle, viz.:
“Rochester, U. Y., April 19, 1888.
“ Mr. B. Durr :
“ Please pay A. E. Lauer & Co. seven hundred dollars and charge to contract and oblige.
“WILLIAM HERLE.”
Plaintiffs presented to defendant Dunn, the same day, their order, but, after some discussion about paying, he…
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