Hyperlawhypertext legal database Holmes v. Seaman 91 N.Y.S. 1098

← Cases

Holmes v. Seaman

91 N.Y.S. 1098 Court N.Y. App. Div. Decision date 1904-12-23 English

Contents

Majority

p. 1098
(99 App. Div. 624)
HOLMES, Respondent, v. SEAMAN, Appellant.
(Supreme Court, Appellate Division, First Department.
December 23, 1904.)

Headnote

Appeal from Special Term, New York County. Action by Isabel A. Holmes against Egbert B. Seaman. From a judgment for plaintiff, defendant appeals. Affirmed.

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

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.