Himmelstein v. Bach

The facts are stipulated. On November 28, 1932, the defendant Sam Bach sold all the stock and machinery of his shoe store and repair shop without any notice of such sale being given to plaintiff’s assignor. The latter then held Bach’s promissory note for $400 which had been executed and delivered to her on October 24, 1932, but which did not mature until February 24, 1933. Our question is whether or not plaintiff’s assignor was entitled to notice of the sale under section 44 of the Personal Property Law, commonly called the Bulk Sales Act. This statute provides that such a sale is void as…