Hochberger v. Ludvigh

This is an appeal by plaintiff from a judgment of the City Court which dismissed the complaint upon the opening. The facts are not disputed. The complaint alleges that one Eisen assigned a $500 hank deposit to plaintiff, who gave notice to the bank of such assignment. More than three and a half months later, defendant was appointed receiver in supplementary proceedings, by an order of the City Court of Eisen. The bank was at once notified of the appointment, and, at the end of some three more months, paid $250 of Eisen’s deposit to defendant who took it in his capacity as receiver without…