Seymour v. . Fellows
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff ás assignee of her husband to recover for work and labor alleged to have been done and performed by him for defendant. The facts relating to the questions discussed appear sufficiently in the opinion. The assignment to plaintiff directly by her husband was void.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff ás assignee of her husband to recover for work and labor alleged to have been done and performed by him for defendant. The facts relating to the questions discussed appear sufficiently in the opinion. The assignment to plaintiff directly by her husband was void. (Laws 1848, chap. 200, p. 308) Laws 1849, chap. 375, p. 528, § 3: Laws 1860, chap. 90, § 8; White v. Wager, 25 N. Y., 828; Cashman v. Henry, Ct.…
1Opinion of the CourtDanfobth, J.
The appellant objects that the assignment of the cause of action having been made directly to the plaintiff by her husband, is void.
The rights of creditors are not in question, and we think the court below properly overruled the objection. (Rawson v. Penn. R. R. Co., 48 N. Y., 216; Savage v. O’Neil, 44 id., 298; Kelly v. Campbell, 1 Keyes, 29.) Upon the pleadings, the value of services rendered by Robert W. Seymour, was in issue, and to be determined by the jury. It is objected that the court erroneously, and' against defendant’s objection, permitted certain questions to be addressed to…
2Cases cited5 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- McCollum v. . SewardNew York Court of Appeals · 1875
- Carpenter v. BlakeNew York Supreme Court · 1869
- Kelly v. CampbellNew York Court of Appeals · 1864
3Cited by25 opinions
- Burt v. StateCourt of Criminal Appeals of Texas · 1897
- Dunsbach v. HollisterNew York Supreme Court · 1888
- Suau v. . CaffeNew York Court of Appeals · 1890
- Greenwood v. . MarvinNew York Court of Appeals · 1888
- Barrows v. KeeneSupreme Court of Rhode Island · 1887
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