Friedburgher v. Jaberg

Three grounds are advanced as reasons-for declaring the assignment invalid :

First. That it is not executed by both partners of the-insolvent firm.

*280Second. That it is not properly acknowledged under the statute.

Third. That there was fraud ip the misapplication of assets by one of the firm a few days before the assignment was made and delivered, and that there 'was a' fraudulent concealment of assets in making the schedules.

As to the first ground suggested, it is claimed by the defendant that under the peculiar circumstances of this case the actual participation or assent of Siadelman, one of…