Sullivan v. Visconti

The opinion of the court was delivered by

Pitney, J.

This was an action upon contract, founded on an assigned claim. The defence was that before the assignment of the claim to the plaintiás it had been assigned to another party, to whom the defendants had made payment. The plaintiffs were successful in the trial court. The facts of the ease are as follows:

In the spring and summer of 1901 James Mills, Robert Clark and another were in partnership under the firm name of Mills, Clark & Company. In the month of April, Mills, acting in the name and behalf of this firm, made a written contract with…