Legal Opinion

O'Reilly, Skelly & Fogarty Co. v. Greene

Appellate Terms of the Supreme Court of New York

Decided November 25, 1896Published

Appeal from city court of Eew York, general term. Action by the O’Reilly, Skelly & Fogarty Company against Bartholomew A. Greene. From a judgment of the city court affirming a judgment overruling a demurrer to the complaint, defendant appeals.

1Opinion of the CourtDaly, P. J.

—The action was brought upon an agreement made January 28, 1890, by the defendant, with the firm of O’Reilly, Skelly & Fogarty, to pay them $155.70, the amount of a claim which they had against Francis McCabe for goods sold and delivered to him, at his request, of that value, and at that stipulated price, and for which he was at that date indebted to them. The firm of O’Reilly, Skelly & Fogarty, on January 3, 1891, assigned the cause of action against the de*1417fendant to the plaintiff company, which was organized and incorporated at that date under the laws of the state of West "Virginia, to…

2Cases cited12 opinions

  1. Demarest v. . FlackNew York Court of Appeals · 1891
  2. Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
  3. Rodgers v. Adriatic Fire InsuranceNew York Court of Appeals · 1895
  4. Viburt v. FrostThe Superior Court of New York City · 1856
  5. Shelby Steel Tube Co. v. Burgess Gun Co.Appellate Division of the Supreme Court of the State of New York · 1896

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