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ALLHUSEN v. CARISTO CONSTR. CORP.

278 A.D. 817 (1951)

Herman Allhusen, Appellant, v. Caristo Construction Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1951.

Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

The decisions by this court and by the Appellate Term in Sacks v. Neptune Meter Co. (238 App. Div. 82) upheld the assignability of the money due and payable under the contract there involved. What was said in the opinion in that case upon the point now at issue, as well as in the prevailing and concurring opinions at the Appellate Term (144 Misc. 70), although most carefully considered...

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