Campbell v. Heiland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie E. Heiland, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of March, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, overruling the said defendant’s demurrer to the complaint, interposed on the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Jenks, J. :
The demurrer admits the following facts: The plaintiff-and his partners had a cause of action against one Bradford for $3,500 for their work,Tabor and services intervening August 31, 1895, and .October 9, 1896. This claim was assigned to plaintiff in May, 1899. In May, 1894, Bradford lent to defendant Heiland $2,500, secured by her bond and mortgage executed in May, 1897, which mortgage debt is past due and is wholly unpaid. Bradford assigned the bond and mortgage to defendant Scott in 1898. Such assignment was without consideration. Bradford’s debt to plaintiff ever since 1895 has…
2Cases cited6 opinions
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Dodge v. . ColbyNew York Court of Appeals · 1888
- Crouse v. . FrothinghamNew York Court of Appeals · 1884
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
- National Shoe & Leather Bank v. BakerNew York Court of Appeals · 1896
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3Cited by5 opinions
- McKee v. JessupAppellate Division of the Supreme Court of the State of New York · 1901
- Berger v. LasotNew York Supreme Court · 1936
- Edmondson v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1901
- Broderick v. AaronNew York Supreme Court · 1933
- National Bank of Republic v. ThurberNew York Supreme Court · 1902