Legal Opinion

Crane Co. v. National Nassau Bank

Appellate Terms of the Supreme Court of New York

Decided May 15, 1915Published

Appeal by plaintiff from a judgment of the City Court of the city of New York, setting aside the verdict of a jury, in favor of plaintiff for $720, and dismissing the complaint.

1Opinion of the CourtBijur, J.

The complaint alleges that prior to September 30, 1913, defendant was financing one' McKinnon, who was a.contractor carrying out certain city work; that on that date the defendant agreed to pay the plaintiff $700 out of the third payment under one of McKinnon’s contracts which payment had been theretofore assigned to defendant by McKinnon, that on December 29,1913, the defendant “ in order to defraud the plaintiff, wilfully, wrongfully and unlawfully assigned the third payment ’ ’ to one Olvaney *355without notice to or protection of plaintiff; that the third payment was made by the city about…

2Cases cited4 opinions

  1. Lorillard v. . ClydeNew York Court of Appeals · 1894
  2. Horton v. Hall & Clark Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Abbaye v. The United States Motor Cab Co.New York Supreme Court · 1911
  4. Brown v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1908

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