Opinion
July 2, 1936.
Present — Lazansky, P.J., Young, Carswell, Johnston and Taylor, JJ.
Action to recover surplus of advances made by defendant, as a factor, on assigned accounts. Plaintiff claims the surplus by virtue of an assignment made subsequent to the time of the assignment of the accounts to the factor. The factor claimed the agreement assigning the accounts gave it the right to the surplus. Judgment unanimously affirmed, with costs. No opinion.