Ogdensburg Wholesale Mercantile Co. v. Curry

The action was brought under section 44 of the Personal Property Law to have the proceeds of a sale held for the *807benefit of creditors upon the ground that no notice was given as provided for in such section.

As to subdivision 5 of the answer: The defendant claims that as the plaintiff was not a judgment creditor at the time of the sale in bulk, he could not take advantage of the failure to comply with section 44 of the Personal Property Law. This would not seem to be necessary under the statute. (Thorndike & Hix Lobster Co. v. Hall, 223 App. Div. 576.) To sustain the position taken by the…