MATTER OF GUARINO


285 A.D. 1161 (1955)

In the Matter of the General Assignment for the Benefit of Creditors of Vincent Guarino, Assignor, to Lily A. Wienken, Assignee-Respondent. President and Directors of the Manhattan Company, Appellant; Department of Audit and Control, State of New York, Respondent

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

May 9, 1955.


Order affirmed, with $10 costs and disbursements to respondent Wienken, payable by appellant.

The assignment to appellant did not pass title to the refund when it subsequently became payable, but at most created an equitable lien between the parties thereto. (Matter of Frank v. Lutton, 267 App. Div. 703; Matter of Alchar Realty Corp. v. Meredith Restaurant, 256 App. Div. 853; Palmer v. Tremaine, 259 App...

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