Legal Opinion

Miller v. Moreau

City of New York Municipal Court

Decided October 17, 1887Published

Motion to compel the assignment of a claim.

1Opinion of the CourtHyatt, J.

The claim of the plaintiffs against the defendants is conceded.

The action is against the members of a co-partnership, which has been or is about to be dissolved.

The defendant, Charles L. Moreaw, asks that the plaintiffs shall be compelled to assign their claim in suit to the person nominated by Charles C. Moreaw, the father of *712the defendant Moreaw, upon his advancing the amount of the claim.

Charles C. Moreaw and his nominee are entire strangers to the parties in this action, they stand as mere volunteers and have no right to subrogation. Perkins v. Hall et al., 105 N. Y., 539; 8 N. Y. State…

2Cases cited3 opinions

  1. Cole v. . MalcolmNew York Court of Appeals · 1876
  2. Acer v. . HotchkissNew York Court of Appeals · 1884
  3. Perkins v. . HallNew York Court of Appeals · 1887

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