Commercial Publishing Co. v. . Beckwith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the ¡áupreme Court in the first judicial department, entered July 10, 1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The money in dispute did not come under the operation of the trust deed. (Chase v. Petroleum Bank, 66 Penn.
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Appeal from a judgment of the Appellate Division of the ¡áupreme Court in the first judicial department, entered July 10, 1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The money in dispute did not come under the operation of the trust deed. (Chase v. Petroleum Bank, 66 Penn. St. 169.) The money in dispute was collected and retained by defendant under the lien and express authority constituted and contained in the contract of January 3, 1891, between himself…
1Opinion of the CourtHaight, J.
The plaintiff, as the assignee of the purchaser at a judicial sale, brings this action to recover moneys claimed to have been due and owing the receiver by the defendant.
The facts were agreed upon, and so far as they are material are as follows: On the third day of January, 1891, the defendant entered into a contract with The Memphis Appeal Company, a corporation engaged in publishing a newspaper at Memphis, in the state of Tennessee, of the name of “ The Memphis Appeal Avalanche.” The contract consists of two letters written by the parties, hearing the same daté, which are as follows:
“…
2Cases cited1 opinion
- Express Co. v. Railroad Co.Supreme Court of the United States · 1879
3Cited by6 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- In re the Estate of EvansNew York Surrogate's Court · 1937
- Peabody Coal Co. v. NixonCourt of Appeals for the Eighth Circuit · 1915
- Jacob v. RousselSupreme Court of Louisiana · 1924
- Hutton v. Consolidated Briarwood EstatesAppellate Division of the Supreme Court of the State of New York · 1918
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