Hanes v. Sackett
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Ontario county. Action by Charles A. Hanes against Sarah A. Mulholland. Frederick A. Sackett, as receiver of the property of John A. Butler, inter-pleaded, and was substituted as defendant. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from special term, Ontario county. Action by Charles A. Hanes against Sarah A. Mulholland. Frederick A. Sackett, as receiver of the property of John A. Butler, inter-pleaded, and was substituted as defendant. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. This action was commenced against Sarah A. Mulholland January 20, 1899, to recover the sum of $250. That the said defendant was indebted to someone for the sum claimed, and by reason of the agreement set out in the complaint, is undisputed. The present receiver was appointed in proceedings…
1Opinion of the CourtSpring, J.
The evidence warrants the conclusion that when Butler sold the land he expected to transfer also his claim against Mrs. Mulholland. His agreement with his brother for the erection of a dwelling house was not yet fulfilled. There was no undertaking in writing by him with Davis that it should be carried out, yet it is clear that, also, was expected, and that expectation is best supported by the fact that David Butler did build the house pursuant to the agreement. The completion of the house was essential before Mrs. Mulholland was liable to pay the $250, and it was evidently intended that David…
2Cases cited11 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Williams v. . IngersollNew York Court of Appeals · 1882
- Baird v. BairdNew York Court of Appeals · 1895
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Stowell v. . Greenwich Ins. Co.New York Court of Appeals · 1900
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