Smith v. . Barnard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a. referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a. referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erroneously held that the defendant having received the proceeds and avails of the lumber business which accumulated after the assignment, is estopped from denying his liability to pay the balance due-plaintiff. (N. Y. R. Co. v. Rothery, 107 N. Y. 310; Glenn v. Garth,…
1Opinion of the CourtGray, J.
This was an action brought by the plaintiff to recover a balance of moneys alleged to be due to him for cutting, sawing and manufacturing lumber and bark, upon agreements made with the defendant’s assignor, George Clarke. The defendant is the assignee of Clarke, under a general assignment made by the latter, in April, 1887, for the benefit of his creditors. At the time of the assignment by Clarice, the work contracted to he done by the plaintiff ivas unfinished and the latter claims that he was authorized and requested by defendant to go on with the contract. He does not claim that this…
2Cases cited2 opinions
- Leslie v. . WileyNew York Court of Appeals · 1872
- Murray v. BinningerNew York Court of Appeals · 1866
3Cited by1 opinion
- Sweet v. MarkwartCalifornia Court of Appeal · 1958