Legal Opinion · Concurrence
Sacks v. Neptune Meter Co.
Appellate Terms of the Supreme Court of New York
Decided June 23, 1932Published
1Concurrence
Frankenthaler, J. (concurring).
The question here presented is whether a provision of an employment contract between the plaintiff’s assignor and the defendant that the former would make no assignment of the wages earned by him prevents a recovery by the plaintiff on an assignment of such wages by the employee.
There is an important difference between an assignment of a contract itself and an assignment of a claim for moneys due under the contract. (Fortunato v. Patten, 147 N. Y. 277, 282; Snyder v. City of New York, 74 App. Div. 421, 426.) It is only the latter with which we are concerned…
2Cases cited11 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Portuguese-American Bank of San Francisco v. WellesSupreme Court of the United States · 1916
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
- State Street Furniture Co. v. Armour & Co.Illinois Supreme Court · 1931
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