Nassau Discount Corp. v. Allen

Appellate Terms of the Supreme Court of New York

Nassau Discount Corp. v. Allen

47 Misc. 2d 671, 262 N.Y.S.2d 967, 1965 N.Y. Misc. LEXIS 1637

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 28, 1965

StatusPublished

Cited by3 cases

This text of 47 Misc. 2d 671 (Nassau Discount Corp. v. Allen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nassau Discount Corp. v. Allen, 47 Misc. 2d 671, 262 N.Y.S.2d 967, 1965 N.Y. Misc. LEXIS 1637 (N.Y. Ct. App. 1965).

Pincite

Opinion

Per Curiam.

The resolution of the question whether defendant waived the right to assert any defenses against plaintiff assignee necessarily depends upon whether plaintiff acquired the contract in good faith and for value.

Good faith is a continuing requirement right up to the time the assignee parts with value. In view of the flagrant fraud which has been conceded in the stipulation, on this question there should be a full exploration of plaintiff’s involvement with the assignor’s method of selling in other prior transactions as [672]*672well as with the instant one. Also the effect of the return of the coupon hook to the assignee involves the resolution of a question of fact on assignee’s good faith which is not covered in the so-called stipulation of facts.

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to plaintiff to abide the event.

Concur — Di Gtovanna, Gulotta and Brenner, JJ.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The resolution of the question whether defendant waived the right to assert any defenses against plaintiff assignee necessarily depends upon whether plaintiff acquired the contract in good faith and for value.

Good faith is a continuing requirement right up to the time the assignee parts with value. In view of the flagrant fraud which has been conceded in the stipulation, on this question there should be a full exploration of plaintiff’s involvement with the assignor’s method of selling in other prior transactions as [672]*672well as with the instant one. Also the effect of the return of the coupon hook to the assignee involves the resolution of a question of fact on assignee’s good faith which is not covered in the so-called stipulation of facts.

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to plaintiff to abide the event.

Concur — Di Gtovanna, Gulotta and Brenner, JJ.

Judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

47 Misc. 2d 671, 262 N.Y.S.2d 967, 1965 N.Y. Misc. LEXIS 1637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nassau-discount-corp-v-allen-nyappterm-1965.

Opinion

Related

Cite This Page — Counsel Stack