Taggart v. Sisson
New York Supreme Court
Appeal from special term, Jefferson county. Actions by Byron B. Taggart, William W. Taggart, and Miranda Bothwell, and by Joseph Mullin, as receiver, etc., against Humphrey Sisson and others. Plaintiffs appeal from a judgment dismissing their complaint.
1Opinion of the CourtMartin, J.
The general assignment act of 18771 was amended by chapter 294, Laws 1888, so as to provide that in an assignment for the benefit of the creditors of a debtor the residence, kind of business carried on by such debtor at the time, the place where conducted, and, if in the city, the street and number, should be specifically stated. Whether this provision is mandatory, and a full compliance with it a condition precedent to a valid assignment, or whether it is only directory, is the only question presented by this appeal.
The intention of the legislature is the cardinal consideration in the…
2Cases cited7 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Britton v. . LorenzNew York Court of Appeals · 1871
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Nicoll v. . SpowersNew York Court of Appeals · 1887
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3Cited by4 opinions
- Mullin v. SissonNew York Supreme Court · 1890
- Baillargeon v. DumoulinNew York Supreme Court · 1913
- Boak v. BlairNew York Supreme Court · 1890
- Otis v. HodgsonNew York Supreme Court · 1892