WHITEHALL MERCANTILE v. WELLBILT CORP.


36 Misc.2d 788 (1962)

Whitehall Mercantile Corporation, Plaintiff, v. Wellbilt Corporation, Defendant.

Supreme Court, Special Term, New York County.

September 11, 1962


Attorney(s) appearing for the Case

Funk & Leventhal (Jacob Leventhal of counsel), for plaintiff. Arthur Richenthal for defendant.


CHARLES A. LORETO, J.

Motion by plaintiff for summary judgment.

The action is by the assignee for goods sold and delivered.

Invoices on the letterhead of the seller were sent to defendant stamped with the notation "this account has been assigned to Whitehall Mercantile Corp., Factors, all communications regarding this shipment must be addressed direct to Whitehall Mercantile Corp.".

The plaintiff urges that this notation put the...

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