Cohen v. Goldberger

In the case out of which the issues now before us arise (Morgenthaler v. Cohen, 103 Ohio St., 328, 132 N. E., 730), it was held that the claim for commission from the United States Steel Products Company, which Goldberger assigned to Morgenthaler, belonged to the partnership, consisting of Goldberger and Cohen, and that the consideration therefor, in the amount of $26,-866, was the pre-existing debt of Goldberger to Morgenthaler. Morgenthaler was held to have acquired no greater right by reason of such assignment than Goldberger in fact possessed, and that Cohen, not having been made a party…