Klumpp v. Gardener
New York Supreme Court
Appeal from special term judgment in action to set aside general assignment.
1Opinion of the CourtBartlett, J.
We think the trial judge reached the right, conclusion upon the several points of this case which aro involved in the present appeal.
The only questions of any difficulty relate to the authority to make the assignment and the sufficiency of the execution of that instrument. The letter written by the partner in San Francisco to the partner in New York, clearly contemplated the likelihood that an assignment would become necessary during the absence of the writer, who was-about to sail for Australia, and contained instructions which were meaningless unless the author had previously empowered the…
2Cases cited1 opinion
- Lowenstein v. . FlauraudNew York Court of Appeals · 1880