New York Factors, Inc. v. George Levine's Sons Co.

These are the plaintiff’s exceptions to the denial of certain requests for rulings in an action tried to a judge without a jury in the Superior Court. The judge found for the plaintiff in the sum of $24,651.24 (due on assigned claims) and for the defendant on its declaration in set-off for the same sum, having also found that the plaintiff’s assignor was indebted to the defendant in a larger sum.

The only issue is whether the right of set-off was waived or barred by an agreement.

The plaintiff’s assignor, Unimark Photo, Inc. (Unimark), sold merchandise to the defendant under a dealer franchise…