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Property Repair Corp. v. Kingston Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1947
273 App. Div. 783 (N.Y. App. Div. 1947)

Opinion

December 15, 1947.


Judgment dismissing complaint on the merits at the close of plaintiff's case reversed on the law and a new trial granted, with costs to appellant to abide the event. It was improper to exclude testimony by the assignee of the conversation constituting the alleged oral assignment. ( Robinson v. Chinese Charitable Assn., 35 App. Div. 439; Epstein v. U.S. Fidelity and Guaranty Co., 29 Misc. 295; Barnett v. Prudential Insurance Co., 91 App. Div. 435; Sheridan v. Mayor, 68 N.Y. 30; Risley v. Phenix Bank of City of New York, 83 N.Y. 318; cf. National Foundry Co. of New York v. Kaufman, 190 App. Div. 956. ) The case of Worrall v. Parmelee ( 1 N.Y. 519) does not hold to the contrary. There the testimony to which objection was taken was that of strangers to the transaction, who testified to statements made by the assignor at times subsequent to the assignment. Hagarty, Acting P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

Property Repair Corp. v. Kingston Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1947
273 App. Div. 783 (N.Y. App. Div. 1947)
Case details for

Property Repair Corp. v. Kingston Trust Company

Case Details

Full title:PROPERTY REPAIR CORP., Appellant, v. KINGSTON TRUST COMPANY, Individually…

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

Date published: Dec 15, 1947

Citations

273 App. Div. 783 (N.Y. App. Div. 1947)
76 N.Y.S.2d 274