Kay Manufacturing Corp. v. Weiss

Defendant moves pursuant to rule 112, of the Rules of Civil Practice, for judgment on the pleadings. In substance the action is for goods sold and delivered to defendant upon which there is an alleged balance due of $609.92. Defendant asserts that there has been an assignment for the benefit of the creditors and that since plaintiff received a prorata dividend plaintiff’s claim is satisfied and discharged. An assignment under article 2 of the Debtor and Creditor Law does not discharge the debtor (Swift & Co., Inc., v. Novotny, 28 N. Y. S., 2d 562); “ he continues to remain liable for the…