Skeele Coal Co. v. Baker — 152 N.Y.S. 1143

Majority

p. 1143

SKEELE COAL CO. v. BAKER.

(No. 7097.)

(Supreme Court, Appellate Division, First Department.

April 1, 1915.)

Headnote

Appeal from Special Term, New York County. Action by the Skeele Coal Company against Charles T. Baker. From an order denying a motion to vacate an order of arrest, defendant appeals. Affirmed. See, also, 152 N. Y. Supp. 325 ; 152 N. Y. Supp. 1143. William J. Dawley, of New York City, for appellant. William L. Bowman, of New York City, for respondent.

Order affirmed, with $10 costs and disbursements.

I dissent. The contract with the government was with defendant, and neither the contract nor any interest therein was assignable, nor could any lien be imposed thereon by any agreement between the parties. Nat. Bank of Commerce v. Downie, 218 U. S. 345 , 31 Sup. Ct. 89 , 54 L. Ed. 1065 , 20 Ann. Cas. 1116; Nutt v. Knut, 200 U. S. 12 , 26 Sup. Ct. 216 , 50 L. Ed. 348 . The warrants, when received by defendant, must necessarily have been received in his own right and as his property. The agreement to deliver the government

Dissent

p. 1144

warrants to plaintiff was no more than an executory promise, the breach of .which was not a fraud. .

Cases cited

National Bank of Commerce v. Downie 218 U. S. 345 SCOTUS 1910-11-28 p. 1143
Nutt v. Knut 200 U. S. 12 SCOTUS 1906-01-02 at 26 p. 1143