National Nassau Bank v. I. M. Ludington's Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, I. M. Ludington’s Sons, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of March, 1914, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term'.
1Dissent
Scott, J. (dissenting):
I agree with Mr. Justice Dowling that the $5,000 held under the contract between the sub-contractor and defendant was so held specifically as a fund to insure the contracts against the two contingencies especially provided for by the assignment, neither of which contingencies has happened. Consequently, that deposit should be ignored in this discussion, and the case considered as if no such reservation had been made.
What we should have then would be the simple case of the assignment to plaintiff of an amount still remaining unpaid by the defendant to Gabriel Brothers,…
2Cases cited3 opinions
- Michigan Savings Bank v. MillarAppellate Division of the Supreme Court of the State of New York · 1906
- Michigan Savings Bank v. . MillarNew York Court of Appeals · 1906
- Siebert v. DunnAppellate Division of the Supreme Court of the State of New York · 1913