NASSAU DISC. v. ALLEN


47 Misc.2d 671 (1965)

Nassau Discount Corp., Appellant, v. Elizabeth Allen, Respondent.

Supreme Court, Appellate Term, Second Department.

July 28, 1965


Attorney(s) appearing for the Case

Milton Kostroff and Joseph Untermeyer for appellant. Mary B. Tarcher, Sigmund S. Semon, Michael B. Maw and Robert A. Sackett for respondent.

Concur — DI GIOVANNA, GULOTTA and BRENNER, JJ.


Per Curiam.

The resolution of the question whether defendant waived the right to assert any defenses against plaintiff assignee necessarily depends upon whether plaintiff acquired the contract in good faith and for value.

Good faith is a continuing requirement right up to the time the assignee parts with value. In view of the flagrant fraud which has been conceded in the stipulation, on this question there should be a full exploration of plaintiff's...

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