CONTINENTAL PURCHASING CO. v. VAN RAALTE CO. 251 App.Div. 151, 295 N.Y.S. 867 (1937) CASE BRIEF

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:


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LEGAL ANALYSIS:





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