Fairbanks v. . Sargent
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought originally against H. W. Sargent, the present defendant’s testator, to recover one-third the value of certain bonds of the par value of $20,000 to which plaintiff claimed title under an agreement made between him and one Henry A. Hnderwood, sole surviving partner of the firm of J. A. Underwood & Son, which agreement, omitting names of debtors…
1Opinion of the CourtFinch, J.
Our first inquiry respects the character and extent of the right which Fairbanks acquired under his contract. We have already held that its terms operated as an equitable assignment to him of one-third or one-sixth of whatever money n* property should be collected out of or received from Zabriskie in discharge of the latter’s debt. (104 N. Y. 108.) Ordinarily we should content ourselves with a simple reference to that decision. But its correctness has been so challenged on this appeal and assailed with so much of force and ability as to justify on our part a reconsideration of the question in…
2Cases cited7 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Williams v. . IngersollNew York Court of Appeals · 1882
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Fairbanks v. . SargentNew York Court of Appeals · 1887
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3Cited by69 opinions
- Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Central Trust Co v. West India Improvement Co.New York Court of Appeals · 1901
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
64 more not listed; retrieve them via the Exa API.