Stanford v. . Lockwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 1, 1883, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 1, 1883, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was brought by plaintiff, as assignee of the firm of Lockwood, to recover the amount of a draft alleged to be the proceeds of a claim belonging to the firm, which was transferred to plaintiff as such assignee, and which was received and collected by defendants. The facts as found by the referee are substantially as follows: Between January 31, 1871, and…
1Opinion of the CourtFinch, J.
In accordance with the opinion of the General Term, rendered on a previous appeal, the referee has dismissed the plaintiff’s complaint, although without any change of his findings of fact. The decision virtually concedes that title to the claim in controversy passed to the plaintiff as assignee by force of the general assignment made by Lockwood & Co., but holds that the trust was ended and discharged, as the result of the settlement of December 15, 1874, so that the plaintiff ceased to be assignee, and lost all right to sue in that capacity. The plaintiff, once vested with title to this…
2Cases cited4 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Nehrboss v. . BlissNew York Court of Appeals · 1882
- Palmer v. MyersNew York Supreme Court · 1865
3Cited by1 opinion
- Kinney v. RiddleIndiana Supreme Court · 1914