Fiberchem, Inc. v. General Plastics Corporation

I respectfully dissent.

In holding that Rowland is liable to Fiberchem for sales commissions on general and follow-up orders, the majority draws heavily from two lines of authority. The first, the “latent equity” analysis, is viewed by the majority as standing for the proposition that “the as-signee takes his claim subject to the equities of third persons against the assigned right where he has knowledge of such equities.” In' my opinion this proposition is properly applied only in situations where a third party asserts a claim to the funds also claimed by the assignee. See generally, Comment,…