Crouch v. Müller
New York Supreme Court
Appeal from circuit court, Monroe county. Action by George W. Crouch, Jr., against Gustave Müller. From a judgment entered on a verdict directed by the court, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
This case, in its essential features, is the same as when it was before this court upon a former appeal. 14 N. Y. Supp. 20. It was then held (opinion by Dwight, P. J.) that it was incumbent upon the plaintiff to *588show, in order to recover anything beyond the sum remaining in the defendant’s hands, to wit, $153.90, notice to the defendant of the drawing of the order by Schuech, its amount, and that it was payable out of the moneys due or to grow due from the defendant to the contractor Schuech. The plaintiff on the second trial proved a notice to the defendant of the drawing of an order and the…
2Cases cited3 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Crouch v. MullerNew York Supreme Court · 1891
- Third National Bank v. Butler Colliery Co.New York Supreme Court · 1891