Crouch v. . Muller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the October term, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover upon the following instrument: “ Rochester, LST.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the October term, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover upon the following instrument: “ Rochester, LST. T., Oot. 18, 1889. “ Mr. G. Muller : “ Dear Sir.— Please pay to George W. Crouch, Jr., one thousand dollars ($1,000.00) and deduct the same from the amount of my contract for building your house on Sullivan street. “J. 33. SCHEUCH.” The complaint alleged, and it…
1Opinion of the CourtFinch, J.
The order drawn by the contractor upon the defendant, by its terms and under the circumstances, operated as an equitable assignment of the sum expected to become due upon the owner’s contract with the builder. (Brill v. Tuttle, 81 N. Y. 457.) There would be no doubt of plaintiff’s right to recover the whole of such sum if due notice of the assignment had been given to the drawee; but the trial court and the General Term have concurred in the conclusion that no such notice was given, and have so held as matter of law-upon the evidence. It is that ruling which is assailed on this appeal.
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2Cases cited1 opinion
- Brill v. . TuttleNew York Court of Appeals · 1880
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- Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
- Fischer v. Liberty Nat. Bank &. Trust Co. in New YorkDistrict Court, S.D. New York · 1931
- Hurd v. Johnson Park Inv. Co.The Superior Court of the City of New York and Buffalo · 1895
- Lawrence v. Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 1898
- Hurd v. Johnson Park Investment Co.Superior Court of Buffalo · 1895