Moffatt v. Bailey
Appellate Division of the Supreme Court of the State of New York
Judgment of County Court reversed, and that of the justice modified, by striking therefrom the direction that the complaint be dismissed on the merits, and as modified, affirmed, without costs in the County Court or of this appeal.—Appeal from a judgment of the County Court, reversing a judgment of a justice of the peace in favor of the defendant.—
1Per curiam
We are of opinion that the laintiff would have made out a good case ad he proved that the contractor who built the defendant’s house was still indebted to him (the plaintiff) for materials furnished. 'This he failed to do. To constitute an equitable assignment, a valuable consideration is essential and indispensable. (Shaw v. Tonns, 20 App. Div. 39.) The justice was, therefore, right in dismissing the complaint. The case, however, was simply one of failure of proof, and the judgment, so far as it directed that the complaint be dismissed on the merits, was improper. The judgment of the County…
2Cases cited1 opinion
- Shaw v. TonnsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Bleitz v. Bryant Lumber Co.Washington Supreme Court · 1920