Mihajlovski v. Elfakir

The facts of this case are rather confusing. Recitation of the facts is necessary to understand our adjudication.

Plaintiffs originally sold the Advance Cafeteria to defendant. On July 13, 1978, defendant sold the cafeteria to the garnishee defendant. Garnishee defendant executed a promissory note, dated July 13, 1978, and was making payments to defendant who, in turn, was making payments on his note to plaintiffs.

After a short period of time, defendant stopped making payments to plaintiffs, although he contin ued to collect payments from the garnishee defendant. On January 14, 1982, acting…