Beran v. Tradesmen's National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the ■Supreme Court in the first judicial department, entered upon an order made February 4, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to enforce an alleged assignment of part of a claim set up by the defendant Michael Duffy .against the defendant The Tradesmen’s National Bank. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the ■Supreme Court in the first judicial department, entered upon an order made February 4, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to enforce an alleged assignment of part of a claim set up by the defendant Michael Duffy .against the defendant The Tradesmen’s National Bank. The facts, so far as material, are stated in the opinion. No case can be found "where a party is held to pay a second time money which he Fas paid to a plaintiff or claimant…
1Opinion of the CourtPeckham, J.
Michael Duffy claimed to have a valid demand against the defendant bank to the extent of some forty thousand dollars. The details of that demand are not here important. To collect it, Duffy had commenced an action against the bank, which was pending when the circumstances now to be mentioned occurred. In order to pay a debt which he •bwed to one Iilaber, Duffy assigned to him a portion of his, Duffy’s, demand against the bank, to the extent of ten thousand dollars. This assignment recited the existence of the suit by Duffy against the bank, and after assigning the amount of ten thousand…
2Cases cited1 opinion
- Fairbanks v. . SargentNew York Court of Appeals · 1887
3Cited by3 opinions
- LaFetra v. Hudson Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Beals v. MayherMassachusetts Supreme Judicial Court · 1899
- Randel v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902