Boulevard National Bank v. Air Metal Industries, Inc.

TILLMAN PEARSON, Judge.-

The plaintiff appeals a summary final judgment entered in favor of the defendant It is not contended that there was a genuine issue of material fact, but it is urged by the appellant that the court applied the wrong rule of law.

The decision of the trial judge arose out of the following facts. Tompkins-Beekwith, Inc. owed money on account to Air Metal Industries, Inc. This account was assigned by a general assignment entitled “Contractors General Agreement of Indemnity” to American Fire and Casualty Co., the pertinent part of which is as follows :

“3. For the further…