Rabinowitz v. Kandel

Opinion

FLEMING, J.

In their third cause of action plaintiffs Rabinowitz and Bernstein, doing business as The Wilshire Company, sought to recover from defendants Maurice Kandel and wife the balance of $9,165.12 due on a $10,000 promissory note dated 1 November 1962.

As an affirmative defense to this third cause of action the Kandels pleaded that on 6 November 1962 plaintiffs orally agreed to accept an assignment of proceeds due the Kandels from a certain escrow in full and complete satisfaction of the $10,000 note, and that such an assignment had been made by defendants and accepted by…