Jarach v. Ocean Carriers Corp.

Order denying plaintiff’s motion for summary judgment unanimously affirmed, on the law, with costs to abide the event. Since the writings show that defendant’s agreement was made with and required payment to plaintiff, plaintiff may maintain this action in his own name even though he may be merely an agent for collection (Civ. Prac. Act, § 210; Gonsiderant v. Brisbane, 22 N. V. 389; 2 CarmodyWait, p. 548 et seq.). Issues of fact exist, however, with respect to the terms of agreement. The letter dated December 4, 1958, states that the agreement set forth therein shall be cancelled unless the…