Legal Opinion

Adams-Flanigan Co. v. Di Donato

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 1917PublishedCited by 9 opinions

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.

1Opinion of the Court

Shearn, J.:

This action was brought under the Bulk Sales Act, chapter 507 of the Laws of 1914 (amdg. Pers. Prop. Law [Consol. Laws, chap. 41; Laws of 1909, chap. 45], § 44). The complaint was dismissed on ■ the merits. The facts, all of which are stipulated, are briefly as follows: About April 9, 1915, one Sirico made eighteen promissory notes payable to his own order and indorsed the notes. These notes were thereupon indorsed by defendant Baselice for the accommodation of Sirico and were thereafter delivered to the plaintiff, in payment for property sold and delivered to Sirico by the…

2Cases cited3 opinions

  1. Blanchard v. . BlanchardNew York Court of Appeals · 1911
  2. In Re the General Assignment of HevenorNew York Court of Appeals · 1895
  3. Apex Leasing Co. v. LitkeAppellate Division of the Supreme Court of the State of New York · 1916

3Cited by9 opinions

  1. Copease Manufacturing Co. v. Cormac Photocopy Corp.District Court, S.D. New York · 1965
  2. Royal Indemnity Co. v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  3. Metropolitan Casualty Insurance v. Union Indemnity Co.New York Supreme Court · 1929
  4. Royal Indemnity Co. v. GinsbergCity of New York Municipal Court · 1935
  5. Griffin v. Allis-Chalmers ManufacTuring Co.North Dakota Supreme Court · 1934

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