Carnegie Trust Co. v. Battery Place Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Suit by the Carnegie Trust Company against the Battery Place Realty Company. From a judgment for plaintiff, defendant appeals.
1Dissent
BIJUR, J. (dissenting).
One Kisselburgh having assigned to plaintiff, as collateral security for loans, $1,500 of his compensation due from the state for professional services, subsequently assigned to defendant, for a nominal consideration, $1,000 out of the same or similarly described compensation. On presentation of both claims for $1,-*700500 and $1,000, respectively, to the State Comptroller, $1,000 was paid to each of the parties. This suit for $500 resulted.
I am of the opinion that the action will not lie. Butterworth v. Gould, 41 N. Y. 450, 463, holds that:
“Where a defendant has…
2Cases cited3 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Butterworth v. . GouldNew York Court of Appeals · 1869
- Welch v. . PolleyNew York Court of Appeals · 1904