National Trade Trust, Inc. v. Merrimac Construction

OPINION

RANDALL, Judge.

Appellant National Trade Trust, Inc. (National) challenges judgment entered on April 6, 1994, denying its claim for reimbursement of $19,418 from respondent Merrimac Construction Co., (Merrimac). Merrimac, after receiving a notice of assignment to National by assignor Heart Drywall, erroneously paid Heart Drywall instead. Merrimac denies liability, claiming that it may assert as a defense to reimbursement, a setoff which it failed to claim at the time of the erroneous payment but obtained later. We reverse.

FACTS

Appellant, National, is a finance company which lends…