Moore v. Robertson
New York Supreme Court
Appeal from special term, Hew York county. Action by James Moore, assignee of George Page, Alfred Bigland, Robert Robinson, George F. Karck, and James Latham against James ÍJ. Bobertson, William H. Cotterill, and Arthur D. Williams, as receiver of the Electric Sugar-Befining Company, for the rescission of purchases by plaintiff’s assignors from defendants Bobertson and Cotterill of certain shares of stock in said Electric Sugar-Befining Company.
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Appeal from special term, Hew York county. Action by James Moore, assignee of George Page, Alfred Bigland, Robert Robinson, George F. Karck, and James Latham against James ÍJ. Bobertson, William H. Cotterill, and Arthur D. Williams, as receiver of the Electric Sugar-Befining Company, for the rescission of purchases by plaintiff’s assignors from defendants Bobertson and Cotterill of certain shares of stock in said Electric Sugar-Befining Company. On trial at special term, judgment was rendered dismissing the complaint as against the receiver, and in favor of plaintiff as against defendants…
1Opinion of the CourtDaniels, J.
The assignments severally made to the plaintiff, of the assignors’ respective rights of action, are full and complete, and were sufficient for that purpose, although the plaintiff will be liable to account to them for the moneys he may recover in the action. A point quite similar to this arose in the case of Greenwood v. Marvin, 111 N. Y. 423, 19 N. E. Rep. 228, where it was held, very much op the authority of Sheridan v. Mayor, etc., 68 N. Y. 30, that this liability finally to account for the proceeds of the litigation would not deprive the assignee of the right to prosecute and maintain the…
2Cases cited2 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Greenwood v. . MarvinNew York Court of Appeals · 1888
3Cited by1 opinion
- Hamdi & Ibrahim Mango Co. v. Fire Ass'nDistrict Court, S.D. New York · 1957