Legal Opinion

National City Bank v. Prospect Syndicate, Inc.

City of New York Municipal Court

Decided March 20, 1939PublishedCited by 5 opinions

1Opinion of the CourtGenung, J.

This is an action by the assignee of a conditional sale contract to recover from the buyer the balance due thereunder.

On September 6, 1938, the Carburetor Combustion Corporation, as seller, and the defendant, as buyer, entered into a written conditional sale contract for the purchase and sale of a heating device called an “ automatic unit,” which contains the following provisions:

“ All the terms, conditions and provisions of this contract are herein contained. No representations or warranties shall be binding upon the Seller unless endorsed in writing hereon and signed by a duly authorized…

2Cases cited2 opinions

  1. Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
  2. Guaranty Securities Co. v. Equitable Trust Co.Court of Appeals of Maryland · 1920

3Cited by5 opinions

  1. President & Directors of Manhattan Co. v. Monogram Associates, Inc.District Court, E.D. New York · 1949
  2. Commercial Credit Corp. v. BiagiAppellate Court of Illinois · 1956
  3. Pennsylvania Exchange Bank v. Kenmore Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Chemical Bank New York Trust Co. v. Blane's Inc.City of New York Municipal Court · 1962
  5. Southern Bank & Trust Co. v. PetrickRichmond City Circuit Court · 1969

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