National City Bank of N.Y. v. Prospect Syndicate

1 Citing case

  1. Chemical Bank Trust Co. v. Blane's Inc.

    39 Misc. 2d 15 (N.Y. City Ct. 1962)   Cited 2 times

    The defendants argue that there were other agreements or writings between the defendants and the assignor which should be considered as part and parcel of the conditional sales contract since these agreements were breached by the assignor. Where a contract of conditional sale is complete on its face and purports to contain the entire contract between the parties, an assignee thereof is not liable to the conditional buyer for a subsequent breach of some independent agreement which, though relating to the goods sold, is not a part of the contract assigned by the seller, provided, of course, the assignee takes the assignment in good faith without an intent to defeat any of the rights of the buyer (Eager, Chattel Mortgages and Conditional Sales, ยง 395 citing National City Bank v. Prospect Syndicate, 170 Misc. 611). In the instant case there has been no showing of bad faith on the part of the plaintiff ( Glens Falls Nat. Bank Trust Co. v. Sansivere, 136 N.Y.S.2d 672).