Adams-Flanigan Co. v. Di Donato
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adams-Flanigan Company, for itself and on behalf of other creditors, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Bronx on the 19th day of February, 1917, dismissing the complaint on the merits as to the respondent upon the decision of the court after a trial at the Bronx Special Term.
1Dissent
Page, J. (dissenting):
The facts are fully stated in the opinion of Mr. Justice Shearn, except for the omission of the somewhat significant fact that the sale in bulk was made to the wife and son-in-law of the defendant Aniello Baselice.
The Bulk Sales Law (Laws of 1914, chap. 507, amdg. Pers. Prop. Law [Consol. Laws, chap. 41; Laws of 1909, chap. 45], § 44) provides, so far as material to the instant case, that the sale in bulk of a stock of merchandise, not made in the usual course of business, shall be void unless five days before the sale the purchaser shall demand and procure a verified…
2Cases cited5 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Republic of Honduras v. . SotoNew York Court of Appeals · 1889
- Apex Leasing Co. v. LitkeAppellate Division of the Supreme Court of the State of New York · 1916
- Smith v. MoffatNew York Supreme Court · 1847
- Fish v. FisherNew York Supreme Court · 1800