Legal Opinion
F. & M. Schaefer Brewing Co. v. Amsterdam Tavern, Inc.
New York Supreme Court
Decided May 22, 1939PublishedCited by 9 opinions
1Opinion of the CourtBergan, J.
An assignment of a claim not in existence is valid and enforcible in equity as between assignor and assignee. (Pers. Prop. Láw, § 41.) It cannot operate to affect adversely the interests of creditors. (Zartman v. First Nat. Bank, 189 N. Y. 267; Titusville Iron Co. v. City of New York, 207 id. 203; Rochester Distilling Co. v. Rasey, 142 id. 570.) In the Titusville case Chief Judge Cullen pointed out, with respect to contracts pledging subsequently acquired property, that the equitable lien thus acquired “ will not be enforced against creditors.” In the Zartman case Judge Vann wrote (p. 272): “…
2Cases cited2 opinions
- Zartman v. First National BankNew York Court of Appeals · 1907
- Alchar Realty Corp. v. Meredith Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by9 opinions
- Atlas Advertising Agency, Inc. v. Casa Cubana, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- City of New York v. Bedford Bar & Grill, Inc.New York Court of Appeals · 1957
- In Re MinorUnited States Bankruptcy Court, W.D. New York · 2011
- Frank v. LuttonAppellate Division of the Supreme Court of the State of New York · 1944
- Mariano v. Cathay House Chinese Restaurant, Inc.New York Supreme Court · 1951
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