Farrelly v. . Hubbard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1895, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term, sustaining a demurrer to the justification set forth in the answer.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1895, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term, sustaining a demurrer to the justification set forth in the answer. This action was brought to recover damages for false imprisonment, growing out of an execution issued against the person of the plaintiff on a judgment recovered by the defendant against the plaintiff in Justice’s Court. The defendant in his answer, as a justification, gives a…
1Opinion of the CourtBartlett, J.
The plaintiff assigned to the defendant by an instrument in writing the wages or salary due him from the Hew York, Lake Erie and Western Bailroad Company (in whose employ he then was), for the month of December, 1886, constituting him his attorney to collect and receipt for it.
Then followed a covenant that if the plaintiff should at any time draw or receive the wages or salary so assigned he would receive the same “ solely as the servant of said George J. Hubbard, and that I will bring and transport the same immediately to said George J. Hubbard and deliver it to him,” etc.
The plaintiff did…
2Cited by7 opinions
- Davin v. DowlingWashington Supreme Court · 1927
- Hazelton v. LockeSupreme Judicial Court of Maine · 1908
- Manufacturers' Casualty Insurance v. MinkSupreme Court of New Jersey · 1943
- Schanz v. MartinAppellate Terms of the Supreme Court of New York · 1902
- Williams v. Conover, New York County Courts1911
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