Legal Opinion
Foreman v. Louis Jacques Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1932PublishedCited by 3 opinions
1Per curiam
The assignment from Jacques Company to the Peoples Bank of Elizabeth, N. J., is void as to all creditors of Jacques Company:(1) Because there was no deprivation of control on the part of the assignor over the proceeds passing under the assignment. No basis for an estoppel as against the creditors with respect to this assignment existed. The fact that the assignment was not secret furnished no such basis. The retention of control by Jacques and the right to apply the funds to any project of Jacques destroyed the instrument as a valid assignment. There is no sufficient evidence in the record to…
2Cases cited7 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Johnson Service Co. v. E. H. Monin, Inc.New York Court of Appeals · 1930
- Albany Builders' Supply Co. v. Eastern Bridge & Structural Co.New York Court of Appeals · 1923
- Little Falls Fibre Co. v. Henry Ford & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Glens Falls Portland Cement Co. v. Van Wirt Construction Co.Appellate Division of the Supreme Court of the State of New York · 1929
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3Cited by3 opinions
- Gross Income Tax Department of Treasury v. Harbison-Walker Refractories Co.Indiana Court of Appeals · 1943
- Metropolitan Savings Bank v. TuttleNew York Supreme Court · 1944
- Foreman v. Louis Jacques Construction Co.Appellate Division of the Supreme Court of the State of New York · 1935