(DOWNLOAD) "United States v. Novsam Realty Corporation." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Novsam Realty Corporation.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 31, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff, the Uinted States of America, recovered summary judgment against appellant Novsam Realty Corporation, as maker, for the unpaid balance of a negotiable note. The note was given to McNulty Bros. Heat Contract Corporation, inconnection with the sale and installation of three automatic coal burners and equipment. McNulty Bros. assigned the note for a valuable consideration to Equipment Acceptance Corporation, and the conditional sales contract covering the burners was simultaneously deliverede to that company. After appellant became delinquent in making payments, the note, which had been insured by the United States under the provisions of the Nation Housing Act, 12 U.S.C.A. Γ§ 1701 et seq., was assigned to the United States, along with the contract, by Equipment Acceptance Corporation. To an action brought on the note, appellant presented the defense of breach of warranty, in that the burners do not burn good stoker coal efficiently, do not abate smoke in conformity with city ordinances, and do not maintain the proper boiler pressure or water temperature, and alleged that it notified the seller and its assignee upon discovery of the situation. It is stipulated that the alleged defects were not known to Equipment Acceptance Corporation when it took the note and contract. The District Court granted plaintiffs motion for summary judgment on the authority of our decision in United States v. Hansett, 2 Cir., 120 F.2d 121.