Legal Opinion
Acme Blacktop Paving Corp. v. Brown & Matthews, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1968PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion granted. Memorandum: The assignment by plaintiff to United States Fidelity & Guaranty Company of all its right, title and interest to moneys due or to become due under the contract with defendants-appellants, including all claims for extra work, is complete and unequivocal. As the assignment now stands, plaintiff has no interest in the proceeds of the contract and therefore may not maintain the present action. (Cummings v. Morris, 25 N. Y. 625, 627.) If the assignment in its present form does not correctly express the intention of the…
2Cases cited1 opinion
- Cummings v. . MorrisNew York Court of Appeals · 1862
3Cited by5 opinions
- Aaron Ferer & Sons Ltd. v. Chase Manhattan Bank, National Ass'nCourt of Appeals for the Second Circuit · 1984
- Aaron Ferer & Sons Limited v. The Chase Manhattan Bank, National Association, Williams & Glyn's Bank Limited v. The Chase Manhattan Bank, National AssociationCourt of Appeals for the Second Circuit · 1984
- Cardtronics, LP v. St. Nicholas Beverage Discount Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Modern Settings, Inc. v. Prudential-Bache Securities, Inc.District Court, S.D. New York · 1989
- Rockland Lease Funding Corp. v. Waste Management of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1997