Brill v. Tuttle
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury at the Herkimer Circuit. The instrument in suit is a bill of exchange, and does not operate as an equitable assignment of the fund.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury at the Herkimer Circuit. The instrument in suit is a bill of exchange, and does not operate as an equitable assignment of the fund. (Chitty on Bills, 55 ; Cook v. Sattérlee, 6 Cow., 108 ; Marine Bank v. Jauncy, 3 Sandf., 260; Edwards on Bills, 144 ; McLeod v. Luce, 2 Strange, 762 ; Iloyt v. Lynch, 3 Sandf., 328 ; Pope v. Luff, 5 Hill, 413 ; H. Y. é V. Bank v. Gibson, 5 Duer 574 ; Qowjperthwaite v. 'Sheffield, 3 N. Y., 243 ; Winter v. Drury, 3 Sandf, 230 ; Shuttlewonh v. Bruce, 7 Robt-., 161 ; Loonie v. Hogan,…
1Opinion of the Court
Talcott, P. J.:
This is an appeal from a judgment rendered on a verdict, at the Circuit in Herkimer county.
The action was brought on an instrument in the -words and figures following, viz :
“Mohawk, August 31st, 1876.
“ Jerome Tuttle : Pay Brill and Russell three hundred dollars and- charge same to our account, for labor’ and materials per*290formed and furnished in the repairs and alterations of the house in which you reside in-the village of Mohawk.
“J. P. ACKERMAN ■& SON.”
J. P. Ackerman & Soil were, at the time of the making of the order, engaged as builders in repairing a house for the defendant;…
2Cases cited3 opinions
- Risley v. Indianapolis, Bloomington & Western RailroadNew York Court of Appeals · 1875
- Hall v. City of BuffaloNew York Court of Appeals · 1864
- Hutter v. EllwangerNew York Supreme Court · 1871