Crane v. Knubel
The Superior Court of New York City
Appeal from judgment entered upon the report of a referee. The action was brought' to recover eight hundred and twenty-one dollars and ninety-one cents, the amount of an order drawn by John Gr. Hoffman in favor of the plaintiff, and accepted by the defendant, and payable by its terms out of the fifth payment to which John Gr. Hoffman might become entitled under a certain builder’s contract made with the defendant. The answer alleged that said John Gr.
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Appeal from judgment entered upon the report of a referee. The action was brought' to recover eight hundred and twenty-one dollars and ninety-one cents, the amount of an order drawn by John Gr. Hoffman in favor of the plaintiff, and accepted by the defendant, and payable by its terms out of the fifth payment to which John Gr. Hoffman might become entitled under a certain builder’s contract made with the defendant. The answer alleged that said John Gr. Hoffman abandoned the contract before the fifth payment became due. The issues were referred, by consent of parties, to a referee to hear and…
1Opinion of the Court
By the Court.—Freedman, J.
It was conceded by both parties on the argunient that, if the contract between Hoffman, the drawer, and the defendant, the *455drawee and acceptor, has been so far performed as to entitle- Hoffman as contractor to the fifth payment, plaintiff, as payee named in the order, has an undoubted right to recover,- because such order and its acceptance operated as an assignment by Hoffman to the plaintiff of the fund in defendant’s hands. The main question, therefore, is whether the said fifth payment has been earned by the contractor according to the terms of the contract.
The…
2Cases cited6 opinions
- Oakley v. . MortonNew York Court of Appeals · 1854
- Cunningham v. . JonesNew York Court of Appeals · 1859
- Pullman v. . CorningNew York Court of Appeals · 1853
- Chrystie v. PhyfeNew York Court of Appeals · 1859
- Sherman v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1848
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