Opinion
April Term, 1901.
Present — Van Brunt, P.J., Rumsey, Patterson and McLaughlin, JJ.
Order affirmed, with ten dollars costs and disbursements.
We think this motion was properly denied. Under the agreement between the plaintiffs and Heer Co., the plaintiffs were entitled to "fifty per cent of all amounts hereafter collected, whether remittance is made direct by Fleitmann Co. and Dreyfus, Kohn Co., or the United States Government, to Heer Co., or through Blumenstiel Hirsch." This contemplated that Heer Co. were not to become liable to the plaintiffs until after the amount which had been collected from the United States government had actually been remitted to and received by Heer Co. This being so, manifestly the plaintiffs have no right to prevent Fleitmann Co., as the agents and representatives of Heer Co., from remitting to that firm whatever sums they have or may collect from the United States government. The order appealed from is right and must be affirmed, with ten dollars costs and disbursements.