Legal Opinion

Acetate Box Corp. v. Johnsen

New York Supreme Court

Decided January 29, 1948PublishedCited by 10 opinions

1Opinion of the CourtF. E. Johnson, J.

This trial presented the unusual situation of defendants sued for the unpaid purchase price of goods who were not allowed to counterclaim for alleged breach of contract, on the ground that the contract had been assigned before performance by plaintiff began, and therefore any breach thereof must be sued upon by the assignee. A valid assignment operates to transfer to the assignee all the right, title or interest of the assignor in the thing assigned and passes the whole right of the assignor, nothing remaining in him capable of being assigned, and he has no further interest in the subject of…

2Cases cited5 opinions

  1. Inman v. F. N. Burt Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Leggat v. LeggatAppellate Division of the Supreme Court of the State of New York · 1903
  3. Inman v. . F.N. Burt CompanyNew York Court of Appeals · 1909
  4. Leggat v. . LeggatNew York Court of Appeals · 1903
  5. Gibbs v. WaringAppellate Terms of the Supreme Court of New York · 1913

3Cited by10 opinions

  1. Holland v. Fahnestock & Co.District Court, S.D. New York · 2002
  2. Tamily v. General Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Morowitz v. United StatesUnited States Court of Claims · 1988
  4. Liebman v. County of WestchesterNew York Supreme Court · 1972
  5. Madison Pictures, Inc. v. Pictorial Films, Inc.New York Supreme Court · 1956

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