Whitehall Mercantile Corp. v. Wellbilt Corp.

Motion by plaintiff for summary judgment.

The action is by the assignee for goods sold and delivered.

Invoices on the letterhead of the seller were sent to defendant stamped with the notation 11 this account has been assigned to Whitehall Mercantile Corp., Factors, all communications regarding this shipment must be addressed direct to Whitehall Mercantile Corp.”.

The plaintiff urges that this notation put the debtor on guard and if he pays the assignor any money which under the assignment belongs to it as assignee, he does so at his peril.

Defendant paid the seller directly by check on 13 prior…