Carroll v. Cone
New York Supreme Court
ON the 10th day of September, 1859, the Genesee Valley-Bail Bead Company leased their road to the Buffalo, New York and Erie Bail Eoad Company. By the terms of the lease $200 per month of -the rents were appropriated to pay laborers for work before then performed in the construction of the road.
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ON the 10th day of September, 1859, the Genesee Valley-Bail Bead Company leased their road to the Buffalo, New York and Erie Bail Eoad Company. By the terms of the lease $200 per month of -the rents were appropriated to pay laborers for work before then performed in the construction of the road. On the 27th day of September, 1859, the board of directors of the Genesee Valley Eail Eoad Company, by resolution, pledged the moneys thus appropriated to pay laborers, to any person who would advance the money for that purpose. On the faith of this resolution, the plaintiffs advanced the sum of $300,…
1Opinion of the Court
By the Court, James C. Smith, J.
I think this case was disposed of correctly, at the circuit. Even if it be assumed, in accordance with the claim made by the defendant, that the money received by him as the avails of the draft of the president of the Genesee Valley Rail Eoad Company, was the property of the company, and not of the plaintiffs, yet it seems to me clear that prior to the time of the commencement of this suit the company transferred all their rights in respect to the money to the plaintiffs.
The assignment to the plaintiffs, executed by the president and secretary of the company,…
2Cited by9 opinions
- De Ruiter v. De RuiterIndiana Court of Appeals · 1901
- Baker v. . KenworthyNew York Court of Appeals · 1869
- Duffy v. DawsonNew York Court of Common Pleas · 1893
- Berkman v. New York Produce Exchange BankCity of New York Municipal Court · 1917
- First National Bank v. BrooksAppellate Court of Illinois · 1887
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