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National Foundry Company of N.Y. v. Kaufman

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1920
190 App. Div. 956 (N.Y. App. Div. 1920)

Opinion

January, 1920.


Judgment reversed and new trial granted, with costs to appellant to abide the event. The plaintiff endeavored to prove an assignment by parol of the contract in suit. An assignment in writing was unnecessary. ( Risley v. Phenix Bank of City of N Y, 83 N.Y. 318; Greene v. Republic Fire Ins. Co., 84 id. 572; Fairbanks v. Sargent, 117 id. 320.) The exclusion of conversations between the assignor and plaintiff's president, at folios 131, 132, 133 and 134, was error. A parol assignment being sufficient, the plaintiff was entitled to prove the conversation by means of which that assignment was made. Rich, Putnam, Blackmar, Kelly and Jaycox, JJ., concur.


Summaries of

National Foundry Company of N.Y. v. Kaufman

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1920
190 App. Div. 956 (N.Y. App. Div. 1920)
Case details for

National Foundry Company of N.Y. v. Kaufman

Case Details

Full title:NATIONAL FOUNDRY COMPANY OF NEW YORK, INC., Appellant, v. MORRIS KAUFMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1920

Citations

190 App. Div. 956 (N.Y. App. Div. 1920)

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