Sacks v. Neptune Meter Co.

Plaintiff sues as assignee of one Eaybeck to recover certain wages earned by his assignor, from the defendant. The plaintiff declares for money had and received. The defense is predicated upon (1) the non-assignability of the wages sued for, and (2) an express agreement made by the employee not to assign. The writing in question signed by Eaybeck at the time he entered the employ of the defendant was as follows: “It is hereby expressly agreed by and between the employee and the employer that during the period of employment the employee will make no assignment of any kind or nature, of the…