Falkenstern v. Herman Kussy Co.

Leyden, 0. C. J.

This suit was instituted by the plaintiff as assignee of Fruitcrest Corporation, for a matured debt owed by the defendant to the assignor amounting to $1,412.50 for goods sold and delivered.

Defendant’s answer admits the debt but denies the validity of the assignment and “by way of counter-claim,” sets up substantially it is the assignee of two choses in action of Wallace, Burton & Davis Co., Inc., against Fruitcrest Corporation arising out of the alleged breach of an implied warranty that the merchandise sold to it by Fruitcrest was fit for human consumption, whereby it lost…