Hinkle Iron Co. v. Kohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otto M. Kohn, from an order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of February, 1918, denying his motion for judgment on the pleadings consisting of an amended complaint and the demurrer thereto.
1Opinion of the Court
Page, J.:
The amended complaint is framed on the theory of the conversion by the defendant of the sum of $2,000, a part of the eighth payment upon a contract between the Midtown Contracting Company, of which the defendant was president and treasurer, and the city of New York, for the erection of a school building. The said corporation assigned to the plaintiff the sum of $4,500 out of the eighth payment to become due under said contract, by a written assignment, a copy of which is annexed to and made a part of the complaint. This assignment was not filed in the office of the board of education…
2Cases cited4 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Walter v. . BennettNew York Court of Appeals · 1857
- The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
3Cited by5 opinions
- Fraser v. Doubleday & Co., Inc.District Court, S.D. New York · 1984
- Adler & Shaykin v. WachnerDistrict Court, S.D. New York · 1988
- Laurent v. Williamsburgh Savings BankNew York Supreme Court · 1954
- Hutchings v. TorreyNew York Supreme Court · 1953
- Bloom v. WienerCity of New York Municipal Court · 1930