Carnegie Trust Co. v. Battery Place Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Suit by the Carnegie Trust Company against the Battery Place Realty Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLehman, J.
A deputy Attorney General of the state assigned to plaintiff as collateral security for loans $1,500 of his compensation due from the state. Thereafter he assigned to defendant $1,000 of his compensation. Only $2,000 was due to the assignor, and the State Comptroller, with notice of both assignments, paid $1,000 to each assignee. The plaintiff thereupon brought suit in the Municipal Court for money had and received.
The relation between the assignor and the state was that of debtor and creditor. The assignment to the plaintiff was a valid assignment. The assignment to the defendant was subject…
2Cases cited10 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Butterworth v. . GouldNew York Court of Appeals · 1869
- Hathaway v. . Town of CincinnatusNew York Court of Appeals · 1875
- Carver v. . CrequeNew York Court of Appeals · 1872
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3Cited by4 opinions
- Mark S. Rose and Frederic G. Rose v. Amsouth Bank of Florida, Docket No. 04-0389-CvCourt of Appeals for the Second Circuit · 2004
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
- Bosworth v. WolfeWashington Supreme Court · 1928
- Earley v. RooneyWashington Supreme Court · 1956