Opinion
June 15, 1933.
Appeal from the Municipal Court of New York, Borough of Manhattan, Third District.
Leonard Biel, for the appellant.
Lynn G. Goodnough [ Morris P. Glushein of counsel], for the respondent.
Under the authorities it would seem that the validity of the assignment herein is to be tested as of the date when the power of attorney was executed. ( Thompson v. Erie R.R. Co., 207 N.Y. 171; Thompson v. Gimbel Bros., 71 Misc. 126; affd., 145 A.D. 436; affd., 207 N.Y. 659.) So tested the assignment is void as against public policy or at least not enforcible in an action at law against the employer, for the reason that it is an assignment of wages under a contract for employment not then existing. ( Cooper v. Douglass, 44 Barb. 409; Williston Cont. § 414; Restatement, Contracts, § 154, subd. 2.)
Judgment affirmed, with twenty-five dollars costs.
All concur; present, LYDON, CALLAHAN and FRANKENTHALER, JJ.