Alger v. . Scott
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover $233.31 rent for certain premises in the city of Brooklyn, known as Mo. 13 Cheever Place, from the 1st day of August, 1866, to the fifteenth of Movember in the same year.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover $233.31 rent for certain premises in the city of Brooklyn, known as Mo. 13 Cheever Place, from the 1st day of August, 1866, to the fifteenth of Movember in the same year. As a defence, the defendants alleged that the plaintiff did, on the 16th of August, 1866, assign to one Glover, all the rents then accrued and unpaid, or that might immediately thereafter accrue from the premises, to the extent of…
1Opinion of the Court
Gray, C.
The cases in this State, from Peyton v. Hallett (1 Caines’ Cas., 363, 364, 379), down to Parker v. The. City of Syracuse (31 N. Y., 376, 379), in which an order, payable out of a specified fund, has been held not to be a bill of exchange requiring an acceptance, but an assignment of the fund to the payee to the amount specified in the order, were each of them cases where the drawer had received a consideration for the order, and, for that reason, the order was held to be an assignment of the fund drawn upon to the amount specified in it. This order was not supported by any…
2Cases cited1 opinion
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
3Cited by13 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Hibbs v. . BrownNew York Court of Appeals · 1907
- National Exchange Bank v. McLoonSupreme Judicial Court of Maine · 1882
- Welch v. MayerColorado Court of Appeals · 1894
- Conroy v. FerreeSupreme Court of Minnesota · 1897
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