John R. Carpenter Co. v. Ellsworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas G-. Ellsworth, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of June, 1911, upon the report of a referee.
1Opinion of the Court
Woodward, J.:
The complaint is based upon an equitable assignment of a portion of the moneys to become due to a contractor, one Fred B. Zittel, for the construction of a dwelling house at Bayside, Queens county, for the defendant. The complaint alleges, in addition to the assignment and other material matters, that “saidbuilding erected for the defendant is in all respects completed according to contract so as to entitle this plaintiff and the 'said Fred B. Zittel to the payment of the sum mentioned in said assignment, and that the aforesaid payment [has] long since been and is now due and…
2Cases cited1 opinion
- Spence v. . HamNew York Court of Appeals · 1900
3Cited by2 opinions
- Witt v. GilmourAppellate Division of the Supreme Court of the State of New York · 1916
- McElraevy & Hauck Co. v. St. Joseph's Home for GirlsCity of New York Municipal Court · 1913