Allhusen v. Caristo Construction Corp.

The decisions by this court and by the Appellate Term in Sachs v. Neptune Meter Co. (238 App. Div. 82) upheld the assign-ability of the money due and payable under the contract there involved. What was said in the opinion in that case upon the point now at issue, as well as in the prevailing and concurring opinions at the Appellate Term (144 Misc. 70), although most carefully considered, was obiter dicta. The same is true of the statements in the opinion in State Bank v. Central Mercantile Bank (248 N. Y. 428, 434-435), per Pound, J., which accord more nearly with the opinion by Justice…