A. J. Armstrong Co. v. Kasco Mills, Inc.

Appellate Division of the Supreme Court of New York

A. J. Armstrong Co. v. Kasco Mills, Inc.

9 A.D.2d 871, 193 N.Y.S.2d 242, 1959 N.Y. App. Div. LEXIS 5773

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1959

StatusPublished

This text of 9 A.D.2d 871 (A. J. Armstrong Co. v. Kasco Mills, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. J. Armstrong Co. v. Kasco Mills, Inc., 9 A.D.2d 871, 193 N.Y.S.2d 242, 1959 N.Y. App. Div. LEXIS 5773 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order and judgment unanimously reversed, on the law and on the facts, with costs to the appellants, and the motion denied, with $10 costs. The action is to recover on an account receivable allegedly assigned to the plaintiff. The invoice representing the indebtedness contains a notation in the body thereof typed in the same manner as all of the rest of the matter contained therein, which reads “please make payment of this invoice to:” followed by the name and address of the plaintiff and concluding with the. words “thank you ” We irrast hold ftat there are issues, of fact requiring a trial. Included jfl [872]*872such issues is the question whether the notation referred to was sufficient to put the defendants on notice that the account was assigned. This, without reference to any others, raises triable issues. Concur — Botein, P. J., Rabin, M. M. Frank, Valente and Stevens, JJ.

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Order and judgment unanimously reversed, on the law and on the facts, with costs to the appellants, and the motion denied, with $10 costs. The action is to recover on an account receivable allegedly assigned to the plaintiff. The invoice representing the indebtedness contains a notation in the body thereof typed in the same manner as all of the rest of the matter contained therein, which reads “please make payment of this invoice to:” followed by the name and address of the plaintiff and concluding with the. words “thank you ” We irrast hold ftat there are issues, of fact requiring a trial. Included jfl [872]*872such issues is the question whether the notation referred to was sufficient to put the defendants on notice that the account was assigned. This, without reference to any others, raises triable issues. Concur — Botein, P. J., Rabin, M. M. Frank, Valente and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 871, 193 N.Y.S.2d 242, 1959 N.Y. App. Div. LEXIS 5773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-j-armstrong-co-v-kasco-mills-inc-nyappdiv-1959.