Black Top Paving v. Equimark Commercial Finance

TERPUTAC, J.,

This action involves a complaint in trespass by Black Top Paving Co., Inc., against Equimark Commercial Finance Company (hereinafter ECFC). Black Top claims that ECFC mailed to business customers of Black Top a letter stating that Black Top had assigned its accounts receivable to ECFC and that therefore such persons should make payment of these accounts to ECFC, and not to Black Top.

Plaintiffs have presented a motion to bar defendants from presenting, as a defense, the claim that ECFC was in fact the creditor when the letters were sent. Black Top contends that the question of who…