Carnegie Trust Co. v. Battery Place Realty Co.
New York Supreme Court
Appeal"by the defendant from a judgment of the Municipal Court of the city of'New York, first district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
A deputy Attorney-General of the State assigned to plaintiff, as collateral security for loans, $1,500 of his compensation due from the State. Thereafter he assigned to defendant $1,000 of his compensation. Only $2,000 was due to the assignor; and the State Comptroller, with notice of both assignments, paid $1,000 to each assignee. The plaintiff thereupon brought- suit in the Municipal Court for money had and received.
The relation between the assignor and the State was that of debtor and creditor; the assignment to the plaintiff was a valid assignment; the assignment to the defendant was *453subje…
2Cases cited5 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- In re the Judicial Settlement of the Accounts of MeehanAppellate Division of the Supreme Court of the State of New York · 1901
- Casey v. PilkingtonAppellate Division of the Supreme Court of the State of New York · 1903
- Hochberger v. LudvighNew York Supreme Court · 1909
3Cited by6 opinions
- Mark S. Rose and Frederic G. Rose v. Amsouth Bank of Florida, Docket No. 04-0389-CvCourt of Appeals for the Second Circuit · 2004
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
- Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
- Earley v. RooneyWashington Supreme Court · 1956
- Wishnick v. Preserves & Honey, Inc.New York Supreme Court · 1934
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