Dowling v. Bucking
New York Court of Appeals
R. H. Dowling took proceedings in the New York common pleas to foreclose a mechanic’s' lien upon premises owned by the defendant, Charles P. Bucking. Pending the proceedings, the claimant assigned his claim to Messrs. Hills & Wakeman, as collateral security for his indebtedness to them. The assignment is stated in the opinion.
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R. H. Dowling took proceedings in the New York common pleas to foreclose a mechanic’s' lien upon premises owned by the defendant, Charles P. Bucking. Pending the proceedings, the claimant assigned his claim to Messrs. Hills & Wakeman, as collateral security for his indebtedness to them. The assignment is stated in the opinion. The common pleas, on appeal from an order denying defendant’s motion to compel these assignees to pay the costs of the unsuccessful prosecution of the suit, held that, as it did not appear that the assignees had conducted or carried on the proceeding, or aided in so…
1Opinion of the Court
By the Court.—Peckham, J.
This is an appeal from an order of the general term of the court of com*191mon pleas of the city of Hew York, affirming an order denying the motion of the defendant, Bucking, that Hills & Wakeman, the alleged assignees and owners of the demand in this case, pay the costs of the successful defense therein.
During the pendency of the suit to establish a lien, the claimant assigned his claim in writing to his creditors, Hills & Wakeman, “to take and hold, and to proceed to enforce the same in my name, and for me, and to collect, have and receive all the papers, proceedings…
2Cases cited1 opinion
- Wolcott v. . HolcombNew York Court of Appeals · 1865