Legal Opinion

Hutter v. Ellwanger

New York Supreme Court

Decided February 15, 1871PublishedCited by 4 opinions

This was an appeal by the defendants from a judgment in favor of the plaintiff, entered on the report of a referee. The plaintiff sued to recover the amount of an order drawn by one R. W. Underhill in their favor upon the defendants. The case was referred.

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This was an appeal by the defendants from a judgment in favor of the plaintiff, entered on the report of a referee. The plaintiff sued to recover the amount of an order drawn by one R. W. Underhill in their favor upon the defendants. The case was referred. It appeared that Underhill had made a contract with the defendants, dated March 31st, 1869, to erect certain houses in Rochester, on or before October 8th ensuing, according to the specifications of architects, and to furnish the necessary materials therefor, all for the sum of $10,850, of which sum eighty per cent was payable as the…

1Opinion of the Court

By the Court

Johnson, J.

The plaintiff’s order, on which this action was brought, clearly operated as an assignment of the funds of the drawer, due or to become due, on the building contract, if there were funds to that extent in the defendants’ hands which had not been previously appropriated or assigned by the drawer. That such an order upon a particular fund operates as an assignment of it, to the extent of the order, is not questioned, and is well-settled in this State. (Hall v. The City of Buffalo, 1 Keyes, 193.) The order is upon the defendants, to pay the plaintiff $670, “ and charge my…

2Cases cited7 opinions

  1. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  2. Weston v. BarkerNew York Supreme Court · 1815
  3. Bradley v. RootNew York Court of Chancery · 1836
  4. Hall v. City of BuffaloNew York Court of Appeals · 1864
  5. Phillips v. StaggNew York Court of Chancery · 1833

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

3Cited by4 opinions

  1. Gallagher v. . NicholsNew York Court of Appeals · 1875
  2. Brill v. TuttleNew York Supreme Court · 1878
  3. Gallagher v. NicholsNew York Court of Appeals · 1875
  4. People v. RemingtonNew York Supreme Court · 1887

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