Does the law of assignment apply in the absence of an agreement between the parties?
"New York", United States of America
The following excerpt is from Osinoff v. Gert Realty Corp., 182 N.E. 238, 260 N.Y. 36 (N.Y. 1932):
The law of those cases applies only in the absence of an agreement between the parties. See Hubbell v. Moulson, supra, page 229 of 53 N. Y. Here under the assignment of rents by the defendant to the plaintiff there was in substance an agreement that any surplus of rent should be applied in extinguishment of the mortgage debt. In other words, what the law itself would not do, the parties had done by contract. The decision does no more than to enforce that contract.
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