Alexander v. City of Gloversville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of Gloversville and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the' clerk of the county, of .Fulton ón the 14th day of September,- 1905-, upon the decision of" the court, rendered after a trial at the Schenectady Special Term, overruling the-defendants’ demurrer to the plaintiffs’ complaint, •.This action is brought for the conversion of'a "certain pension- " check,…
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Appeal by the defendants, The City of Gloversville and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the' clerk of the county, of .Fulton ón the 14th day of September,- 1905-, upon the decision of" the court, rendered after a trial at the Schenectady Special Term, overruling the-defendants’ demurrer to the plaintiffs’ complaint, •.This action is brought for the conversion of'a "certain pension- " check, payable to the plaintiff Miller, for $282.80, and the proceeds*of said check to the extent of $152.41: It is -alleged in…
1Opinion of the Court
Chase, J. :.FronTthe complaint we conclude that the plaintiffs claim that the -defendants took the pension check after the same had been indorsed by the plaintiff Miller and then .retained, from the proceeds thereof $15.2.41, and that nearly four months thereafter the defendants’" on *793demand refused to pay said balance to the plaintiff Hiller. The alleged claim and cause of action arising from such' refusal to return' part of the proceeds' of said check was one that could be assigned. It does mot come within the -terms of the prohibition contained in section 4745 of the Be vised Statutes of…
2Cases cited2 opinions
- Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900
- Porter v. MountNew York Supreme Court · 1865
3Cited by1 opinion
- Joffe-Mayer Co. v. RadenAppellate Terms of the Supreme Court of New York · 1912