 | Nathaniel Cleveland Moak - 1881 - 968 Seiten
...a third person, payable out of a particular fund then due or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment pro tanto of the fund ; the drawee is bound, after notice thereof, to apply the fund, as it accrues, to the payment of the... | |
 | Isaac Grant Thompson - 1882 - 962 Seiten
...due from him to the drawer, the delivery of the order to the payee operates ns an assignment pro tank of the fund, and the drawee is bound, after notice...It is equally well established that if a draft be dra*» Brill v. Tuttle. generally upon the drawee, to be paid by him in the first instance, on the... | |
 | 1901 - 1232 Seiten
...party, and made payable out of a particular fund then due or to become due from him to the drawer, the delivery of the order to the payee operates as...to apply the fund as it accrues to the payment of t'ip order, and to no other purpose; and the payee may by action compel such application. It is equally... | |
 | 1889 - 1066 Seiten
...payable out of a particular fund then due from him to the drawer, the delivery of the order to the paveo operates as an assignment pro tanto of the fund, and...fund, as it accrues, to the payment of the order, an<l to no other purpose, and the payee may, by action, compel such appropriation. The rule as thus... | |
 | 1891 - 1098 Seiten
...pro tanto of the fund ; nor that, in the language of the same case, |: the drawee (in sucli an order) is bound, after notice of such assignment, to apply...and the payee may by action compel such application. " The only question made by the defendant is whether there was in this case such notice to him of the... | |
 | 1891 - 1086 Seiten
...p?'o tanto of the fund; nor that, in the language of the same case, "the drawee (in such an order) is bound, after notice of such assignment, to apply...the payee may by action compel such application." The oniy question made by the defendant is whether there was in this case such notice to him of the... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 744 Seiten
...party and made payable out of a particular fund, then due or to become due from him to the drawer, the delivery of the order to the payee operates as...the payee may, by action, compel such application." Finch v. Parker (49 NY 1), also quoted to sustain the contention of the defendant, was an action for... | |
 | New York (State). Courts - 1900 - 874 Seiten
...a third party, payable out of a particular fund then due, or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment pro tanto of the fund. This, we think, was analogous with the case at bar, and the acceptance by and retention on the part... | |
 | 1901 - 1240 Seiten
...delivery of the order to the payee operates as ;3 assignment pro tanto of the fund, and the ¡rawee is bound, after notice of such assignment, to apply...accrues to the payment of the order, and to no other pur: and the payee may by action compel application. It is -equally well established that If a draft... | |
 | John Jay Crawford - 1902 - 220 Seiten
...1680-1680-6. and made payable out of a particular fund, then due or to bucoine due, from him to the drawer, the delivery of the order to the payee operates as...the payee may, by action, compel such application. Brill v. Tuttle, 81 NY 454, 457. An intention to make an assignment of the funds in the hands of the... | |
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There can be no doubt as to the rule that where, for a valuable consideration from the payee, an order is drawn upon the third party, and made payable out of a particular fund then due or to become due from him to the drawer, the delivery of the order... 
