CONTINENTAL PURCHASING CO. V. VAN RAALTE CO.
251 App.Div. 151, 295 N.Y.S. 867 (1937)
NATURE OF THE CASE: This was a suit to recover payments made to the wrong party after a written notice of assignment was made. Continental (P), assignee, challenged a decision, which affirmed a judgment in favor of Van Raalte (D), employer. P contends that D had notice of an employee's assignment of wages to P.
FACTS: Mrs. Potter owed money to a sporting goods firm which sold her account to Continental Purchasing (P). Mrs. Potter assigned her right to receive wages from her employer, Van Raalte (D), to P. P notified D of the assignment and D began deducting about $1.50 per week from Mrs. Potter's wages and paid that amount to P. D ceased making deductions from her wages when it learned of Mrs. Potter's dire financial condition. P formally notified D of the wage assignment for the second time; D did not pay the wages to P. P sued D to recover the wages paid to Mrs. Potter. The lower courts ruled in D's favor. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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