Appellate Division of the Supreme Court of New York, 1904

Holmes v. Seaman

Holmes v. Seaman
Appellate Division of the Supreme Court of New York · Decided December 23, 1904 · Curia, Laughlin
91 N.Y.S. 1098; 99 A.D. 624 (New York Supplement)
Holmes v. Seaman

Opinion of the Court

PER CURIA M.

Affirmed on the authority of McCord v. McCord, 40 App. Div. 273, 57 N. Y. Supp. 1049.

LAUGHLIN, J.,

concurs solely upon the ground that the material facts in these cases are not distinguishable from those in the McCord Case; but, were it not for that precedent, he would vote for reversal upon* the ground that the assignment was valid as between the parties, and the assignee at least obtained an equitable lien, enforceable as against the assignors. PATTERSON, J., dissents.

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