Ganger v. Grace Coffee Shop, Inc.

Judgment modified by incorporating therein the provision that the complaint is dismissed without prejudice, and as so modified the judgment is affirmed, with costs. We *839are of opinion that the assignment was valid in form, and except for the reason hereinafter stated, that the plaintiff had the right to recover the chattels. (Cummings v. Morris, 25 N. Y. 625; Eaton v. Alger, 47 id. 345; Hoppe v. Russo-Asiatic Bank, 200 App. Div. 460, 465; Delahunt v. Ætna Ins. Co., 97 N. Y. 537, 544.) Further, that it was within the power of the court to authorize the assignment of the conditional bill of…