Legal Opinion

Conde v. York

Supreme Court of the United States

Decided January 3, 1898No. 143PublishedCited by 13 opinions

•ERROR TO THE SUPREME COURT OE THE STATE OF NEW YORK. In September, 1889, Witherby and Gaffney entered into a contract with the Government of the United States to construct certain buildings at Sackett’s Harbor, Hew York.

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•ERROR TO THE SUPREME COURT OE THE STATE OF NEW YORK. In September, 1889, Witherby and Gaffney entered into a contract with the Government of the United States to construct certain buildings at Sackett’s Harbor, Hew York. Thereafter they purchased from York and Starkweather lumber and materials, which were used in the construction of the buildings, and on March 27, 1890, were indebted on account of these materials in the sum of more than $3000. Being so indebted,. Witherby and Gaffney on that date executed and delivered to York and Starkweather an instrument in writing, as follows: “ Whereas…

1Opinion of the CourtChief Justice Fullee

Plaintiffs in error contended in the courts below that they were entitled to the fund in question by virtue of an oral transfer prior to the assignment to defendants in error, and of the writings executed subsequently thereto; and that defendants in error acquired no right to the fund by their assignment because such assignment was in violation of section 3477 of the Revised Statutes of the United States. But they did not claim that they acquired any right or title to the fund by reason of that section, nor was its validity questioned in any way.

In delivering the opinion of the Court of…

2Cases cited6 opinions

  1. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  2. Missouri v. AndrianoSupreme Court of the United States · 1891
  3. Aldrich v. Aetna Co.Supreme Court of the United States · 1869
  4. Jersey City & Bergen Railroad v. MorganSupreme Court of the United States · 1895
  5. Walworth v. KneelandSupreme Court of the United States · 1854

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Martin v. National Surety Co.Supreme Court of the United States · 1937
  2. National Bank & Loan Co. v. PetrieSupreme Court of the United States · 1903
  3. Hawes v. Wm. R. Trigg Co.Supreme Court of Virginia · 1909
  4. Fewell v. American Surety Co.Mississippi Supreme Court · 1902
  5. First National Bank v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1928

8 more not listed; retrieve them via the Exa API.

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