Empire Heating Corp. v. James Stewart & Co.

This action was brought by the plaintiff as assignee of a subcontract entered into between its assignor, one Goldstein, doing business under the name of The Federal Heating Company, and defendant, the general contractor. The contract provided against assignment without consent. The plaintiff seeks to recover an unpaid balance of $2,408.57 for work and labor performed after the assignment in September, 1927. Defendant pleads as a setoff the sum of $1,552.20, the amount paid by it to one Maneely for materials furnished to plaintiff’s assignor in July, 1927. In November, Maneely duly filed a…