Legal Opinion
Jules-Wallace & Co. v. R. A. Management, Inc.
Appellate Terms of the Supreme Court of New York
Decided June 15, 1933PublishedCited by 2 opinions
1Per curiam
Under the authorities it would seem that the validity of the assignment herein is to be tested as of the date when the power of attorney was executed. (Thompson v. Erie R. R. Co., 207 N. Y. 171; Thompson v. Gimbel Bros., 71 Misc. 126; affd., 145 App. Div. 436; affd., 207 N. Y. 659.) So tested the assignment is void as against public policy or at least not enforcible in an action at law against the employer, for the reason that it is an assignment of wages under a contract for employment not then existing. (Cooper v. Douglass, 44 Barb. 409; Williston Cont. § 414; Restatement, Contracts, § 154,…
2Cases cited5 opinions
- Thompson v. . Erie R.R. Co.New York Court of Appeals · 1912
- Cooper v. DouglassNew York Supreme Court · 1864
- Thompson v. Gimbel Bros.Appellate Division of the Supreme Court of the State of New York · 1911
- Thompson v. . Gimbel BrothersNew York Court of Appeals · 1912
- Thompson v. Gimbel Bros.New York Supreme Court · 1911
3Cited by2 opinions
- Marcomo Stevedoring Corp. v. NathansonNew York Supreme Court · 1951
- Denny v. Brown, Wheelock, Harris, Stevens, Inc.New York Supreme Court · 1941