Legal Opinion
Citibank, N.A. v. Tele/resources, Inc., and Newmarket Company Limited
Court of Appeals for the Second Circuit
Decided December 6, 1983No. Cal. 29, Docket 83-5011PublishedCited by 39 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
The basic issue in this case is whether a party to a written contract, who orally assigns or subordinates his rights thereunder to a third person, can avoid the third-party transaction on the ground that a clause in the contract prohibits any modifications thereof that are not in writing and signed by the party who made the assignment or subordination. Because the judgment on appeal is based on the erroneous premise that the assignment or subordination agreement had to be in writing, we are compelled to reverse.
Newmarket Company Ltd. appeals from an order of the…
2Cases cited9 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Portuguese-American Bank of San Francisco v. WellesSupreme Court of the United States · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Nick's Garage, Inc. v. Progressive Casualty Insurance Co.Court of Appeals for the Second Circuit · 2017
- Medtronic Ave, Inc. v. Advanced Cardiovascular Systems, Inc.Court of Appeals for the Third Circuit · 2001
- David A. Morlan v. Universal Guaranty Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 2002
- Enron Corp. v. Avenue Special Situations Fund II, LP (In Re Enron Corp.)United States Bankruptcy Court, S.D. New York · 2005
- Ametex Fabrics, Inc. v. Just In Materials, Inc.Court of Appeals for the Second Circuit · 1998
34 more not listed; retrieve them via the Exa API.