Boak v. Blair
New York Supreme Court
Appeal from circuit court, Orange county. Action by Abram V. Boak as receiver of Eugene A. Blair to set aside an assignment for benefit of creditors executed by said Eugene A. Blair to defendant Thomas Watts. There was judgment for plaintiff on the ground that the assignment did not state the kind of business, or the place where the assignor was in business at the time of the assignment. Defendants appeal. Laws ÍT.
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Appeal from circuit court, Orange county. Action by Abram V. Boak as receiver of Eugene A. Blair to set aside an assignment for benefit of creditors executed by said Eugene A. Blair to defendant Thomas Watts. There was judgment for plaintiff on the ground that the assignment did not state the kind of business, or the place where the assignor was in business at the time of the assignment. Defendants appeal. Laws ÍT. T. 1888, c. 294, amending Laws 1877, c. 466, declares that every conveyance or assignment made by a debtor of his estate, real or personal, or both, to an assignee for the…
1Opinion of the CourtPratt, J.
Since the decision appealed from was made the general term of the fourth department in Taggart v. Sisson, 9 N. Y. Supp. 758, have considered the same question, and have concluded that the statute of 1888 does not render void an assignment failing to state the business, location, etc., of the assignor. The respect we owe to the carefully considered opinion of that branch of the court requires us to follow their decision. It follows, that the judgment appealed from must be reversed, but, as the question is new, without costs, and the plaintiff receiver should be allowed to discontinue the…
2Cases cited1 opinion
- Taggart v. SissonNew York Supreme Court · 1890