Parker v. . the City of Syracuse
New York Court of Appeals
The appeal in this case is by the plaintiffs from a judgment of the Supreme Court, rendered upon the report of a referee; By this report, only $41.59 was found due to the plaintiffs, and judgment was consequently given against them for the balance of the defendant’s costs, which amounted to $77.80. The action was brought to recover an amount alleged to be due the plaintiffs from the city corporation, arising out of the following circumstances: One A. L. Scofield had been…
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The appeal in this case is by the plaintiffs from a judgment of the Supreme Court, rendered upon the report of a referee; By this report, only $41.59 was found due to the plaintiffs, and judgment was consequently given against them for the balance of the defendant’s costs, which amounted to $77.80. The action was brought to recover an amount alleged to be due the plaintiffs from the city corporation, arising out of the following circumstances: One A. L. Scofield had been employed by the proper authorities of the city to construct certain plank sidewalks, in the streets, he furnishing the…
1Opinion of the Court
Denio, Ch. J.
There can be no doubt but that the order which the plaintiffs obtained from Scofield, accompanied with the evidence that it was given for value, was a valid equitable assignment of the demand which Scofield had against the city. The delivery of the order to the comptroller, had there been nothing to qualify it, was, under the circumstances, suffi cient notice of the assignment to charge the city. These points were decided in Field v. The Mayor, &c., of New York (2 Seld., 179), and were reaffirmed in Hall v. The City of Buffalo, at the September Term of the last year.
The terms of…
2Cited by22 opinions
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Brill v. . TuttleNew York Court of Appeals · 1880
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Hibbs v. . BrownNew York Court of Appeals · 1907
- Munger v. . ShannonNew York Court of Appeals · 1874
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