Thomas v. Schumacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the--plaintiffs, Landon A. Thomas and Frank E. Fleming, composing the firm of Fleming, Thomas & Co., from a judgment of the Supreme Court in favor of the defendants,. entered in.the office of the clerk of the county of Hew .York on the ■ 20tll day of June/1896, upon the decision of. the court rendered' after a trial' at the Hew York Special Term dismissing ■ the complaint upon the merits. '
1Opinion of the Court
Ingraham, J.:
On. the 7th day of December, 1891, one Ernst, a resident of the . State- of Georgia and doing’ business: there undér .the name of Potter & Co., executed and delivered to the plaintiffs an instrument' as . follows : '_
“ Augusta, Ga., Dec. 7,1891.
“ For value received, we hereby transfer, and assign to Fleming, Thomas & Co. all moneys-idue us by C. Schumacher & Co., of Hew York -—balance on account. POTTER & CO.”. On the same day Ernst delivered to the plaintiffs, who are also residents of the State of Georgia, an order on.the defendants which was as follows:
“ Augusta, Ga., Dec.…
2Cases cited2 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
3Cited by18 opinions
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Kraemer v. World Wide Trading Co.Appellate Division of the Supreme Court of the State of New York · 1921
- April Productions, Inc. v. G. Schirmer, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Simon v. BurgessAppellate Division of the Supreme Court of the State of New York · 1911
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
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