New York Court of Appeals

Harold R. Spencer, Respondent v. Standard Chemicals and Metals Corporation, Appellant

April 1, 1924237 N.Y. 479

Summary

The Court held that the instrument presented by the plaintiff was a power of attorney, not an assignment, and therefore the plaintiff was not the real party in interest required by the Code of Procedure. Consequently, the judgment for the plaintiff was reversed and the case was remanded for a new trial. A dissent argued that the instrument did transfer title and that the judgment should be affirmed.