Ehrichs v. . De Mill
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn in favor of plaintiff, entered upon an order reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury, and • directing a judgment for plaintiff.
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Appeal from judgment of the General Term of the City Court of Brooklyn in favor of plaintiff, entered upon an order reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury, and • directing a judgment for plaintiff. The complaint alleged and the court found, in substance, ■the following facts: Defendant, owning land fronting on Lexington avenue, in the city of Brooklyn, entered into a contract with one -James P. Howard for the paving of said street in front of said land. Howard was indebted to the plaintiff in the sum ■of $400, as security for…
1Opinion of the CourtHand, J.
It must be conceded that the question is a very close one whether the order of Howard upon the defendant, was a draft payable at all events, or a mere appropriation of so much of the contract price for paving, to become due Howard, and only payable out of that fund.
There is some confusion in the cases, but they agree that a mere direction as to the means of reimbursement, as for instance, to charge the amount of the draft to a certain account, does not ordinarily vitiate it as a bill of exchange ; and upon such an instrument, if properly accepted, the drawee is liable at all events. In this…
2Cases cited2 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Munger v. . ShannonNew York Court of Appeals · 1874
3Cited by14 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Hibbs v. . BrownNew York Court of Appeals · 1907
- Guernsey v. . MillerNew York Court of Appeals · 1880
- Ex Parte E. C. Payne Lumber Co.Supreme Court of Alabama · 1920
- Waterbury-Wallace Co. v. IveyAppellate Terms of the Supreme Court of New York · 1917
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