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PENNSYLVANIA EXCH. BANK v. KENMORE FURNITURE CO., INC.

279 A.D. 899 (1952)

Pennsylvania Exchange Bank, Respondent, v. Kenmore Furniture Co., Inc., Appellant

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

March 25, 1952.

Judgment and order affirmed.

VAN VOORHIS, J. (dissenting).

Plaintiff ought not to have been awarded summary judgment. The transaction in suit had its origin in a conditional sale to defendant of an air-conditioning system by Thermotemp Equipment Corp. for $3,825, payable by a down payment of $250 and the balance in installments of $150 per month. This contract was assigned by Thermotemp to plaintiff, together with the promissory note which was...

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