Lynch v. Conger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin S. Lynch, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Tioga on the 29th day of August, 1917, dismissing the complaint upon the decision of the court after a trial before the court without a jury.
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Appeal by the plaintiff, Martin S. Lynch, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Tioga on the 29th day of August, 1917, dismissing the complaint upon the decision of the court after a trial before the court without a jury. The facts found by the trial court, which are important to the consideration of the questions of law involved, are that the plaintiff was an attorney and counselor at law; that sometime during the year 1912 the Owego Bridge Company, a domestic corporation, of which the defendant Willis N. Conger…
1Opinion of the Court
Sewell, J.:
This is, in form, an action to determine that the plaintiff had an equitable lien on or ownership as equitable assignee of the funds constituting the final estimate to the extent of $5,000 and to compel the defendants Willis N. Conger and Benn Conger to account and pay over to the plaintiff $5,000, his proportional part of the fund taken and converted by them to their own use, with interest thereon.
We think that the facts found authorize the conclusion that the agreement between the plaintiff and the Owego Bridge Company operated as an equitable assignment to the plaintiff to the…
2Cases cited3 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Holmes v. . EvansNew York Court of Appeals · 1891
3Cited by8 opinions
- Pearl-Wick Corp. v. John Hancock Mutual Life Insurance (In Re Pearl-Wick Corp.)District Court, S.D. New York · 1982
- In re the Estate of KitchingNew York Surrogate's Court · 1931
- Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
- Fried v. CahnAppellate Division of the Supreme Court of the State of New York · 1933
- In re Acquiring Title by the County of Nassau, New York County Courts1939
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