Banigan v. Village of Nyack
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, William P. Banigan, as receiver of the ,- property of Timothy D. Lynch, in protiee'diiigs supplementary to execution, from a judgment of the Supreme Court in favor of the defendants,, .entered in the office of the clerk of the county of' Rockland on the 12tli day of March, 1897, upo'n the dismissal of the complaint upon the merits by direction of -the court after a trial at the Rockland Trial Term.
1Opinion of the Court
Cullen, J.:
This action was instituted on'December 31,1895.' It was "brought by the plaintiff, as. receiver of .the' defendant Lynch, appointed in *151supplementary proceedings taken against that defendant to collect the amount due to Lynch from the village of Hyaek on a contract for the performance of certain work. The defendant Demarest was one of the trustees of the village,' and had advanced money to Lynch to enable him to carry out Iris contract. When the contract was performed, Lynch assigned his claim against the village to Demarest. The assignment was made to Demarest before. the…
2Cases cited4 opinions
- Haddow v. . LundyNew York Court of Appeals · 1874
- Bostwick v. MenckNew York Court of Common Pleas · 1871
- Bull v. RothschildNew York Supreme Court · 1889
- Continental Construction & Improvement Co. v. VinalNew York Supreme Court · 1888
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