Lowenstein v. . Flauraud
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. This action was brought as judgment creditors of defendants, Augüst and Eugene Flauraud, to set aside an assignment purporting to have been executed by them to defendant Salmon, for the benefit of their creditors.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. This action was brought as judgment creditors of defendants, Augüst and Eugene Flauraud, to set aside an assignment purporting to have been executed by them to defendant Salmon, for the benefit of their creditors. The facts pertinent to the questions discussed are set forth in the opinion. One copartner cannot, by virtue of his power as such copartner, make an assignment of the copartnership…
1Opinion of the CourtAndrews, J.
The first section of the act (chap. 340 of the Laws of 1860) declares that every conveyance or assignment made by a debtor, of his estate, in trust for creditors, “ shall be in writing and shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds,, and the certificate of such acknowledgment shall be duly indorsed upon such conveyance or assignment before the delivery thereof to the assignee or assignees therein named.”
In Hardmann v. Bowen (39 N. Y. 196), it was held that the provisions of this section were mandatory, and that an assignment not acknowledged by…
2Cases cited1 opinion
- Hardmann v. . BowenNew York Court of Appeals · 1868
3Cited by6 opinions
- Arens v. ShainswitAppellate Division of the Supreme Court of the State of New York · 1971
- Shattuck v. ChandlerSupreme Court of Kansas · 1889
- In re EriksonAppellate Division of the Supreme Court of the State of New York · 1934
- Antoine v. American Security Insurance CompanyDistrict Court, E.D. New York · 2020
- Klumpp v. GardenerNew York Supreme Court · 1888
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