Burns Bros. v. Royal Bank
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Burns Bros, against the Royal Bank of New York. From a judgment for plaintiffs, after a trial without a jury, defendant appeals.
1Opinion of the CourtBijur, J.
This case was tried on an agreed state of facts, from which it appears that plaintiffs furnished coal for use in a building; that defendant was the assignee of the rents of the building, such assignment having been made as security for a loan; that the defendant authorized the ¿Etna Bond & Realty Company to collect the rents, and directed it, if necessary, to purchase coal out of the rents.
Plaintiff, who had dealt with the ¿Etna Company previously, and had sold it coal for other buildings for which the ¿Etna Company had been agents, sold, delivered, and charged the coal involved in this…
Also in this document: Concurrence.
2Cases cited1 opinion
- Davis v. LynchAppellate Terms of the Supreme Court of New York · 1900