Mullin v. Sisson
New York Supreme Court
Appeal from special term, Jefferson county. Action by Joseph Mullin, as receiver of William W. Herrick and Henry H. Ayers, against Humphrey Sisson and others. Plaintiff appeals from a judgment dismissing his complaint.
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Appeal from special term, Jefferson county. Action by Joseph Mullin, as receiver of William W. Herrick and Henry H. Ayers, against Humphrey Sisson and others. Plaintiff appeals from a judgment dismissing his complaint. Laws 1877, c. 466, as amended by Laws H. Y. 1888, c. 294, provides that, in an assignment for the benefit of creditors, the residence, kind of business carried on by the debtor at the time, the place where conducted, and, if in a city, the street and number, should be specifically stated.
1Opinion of the CourtMerwin, J.
This action is brought to set aside, as fraudulent and void as to creditors, a general assignment made by the defendants Herrick & Ayers to the defendant Sisson. The claim of the plaintiff is that the assignment is void by reason of its failure to specify the kind of business carried on by the debtors, and their place of business, as required by section 2 of chapter 466 of the Laws of 1877, as amended by chapter 294 of 1888. The same question, as to the same assignment, was passed upon by this court, in Tag*302gart v. Sisson, 9 N. Y. Supp. 758, adversely to the plaintiff’s position. Following…
2Cases cited1 opinion
- Taggart v. SissonNew York Supreme Court · 1890
3Cited by1 opinion
- Otis v. HodgsonNew York Supreme Court · 1892