Smith v. Boyd
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a dismissal of a complaint on a trial before a referee. The action was brought to recover damages for the wrongful taking by the defendants of personal property claimed by the plaintiff as assignee under a general assignment for the benefit of creditors. To the assignment, which was made to the plaintiff by Clinton II.
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Appeal from a judgment of this court entered upon a dismissal of a complaint on a trial before a referee. The action was brought to recover damages for the wrongful taking by the defendants of personal property claimed by the plaintiff as assignee under a general assignment for the benefit of creditors. To the assignment, which was made to the plaintiff by Clinton II. Smith, was annexed a certificate of acknowledgment in these words : “State of New York, City and County of New York, ss.: “ On this twenty-first day of February, one thousand eight hundred and eighty-two, before me personally…
1Opinion of the CourtJ. F. Daly, J.
An assignment for the benefit of creditors is not valid if not duly acknowledged and recorded (L. 1877, c. 466, § 1; Rennie v. Bean, 24 Hun, 123; Hardmann v. Bowen, 39 N. Y. 196; Britton v. Lorenz, 45 N.Y. 51; Jones v. Bach, 48 Barb. 568; Treadwell v. Sackett, 50 Barb. 440). If it be not duly acknowledged the recording goes for nothing; it is not recorded (Rennie v. Bean, supra ; 2 R. S. 759, §§ 16,20). In determining the validity of the recording of a conveyance, it is the certificate of the officer who takes the acknowledgment that must be considered, for unless the acknowledgment be…
2Cases cited5 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Hyatt v. PugsleyNew York Supreme Court · 1856
- Jones v. BachNew York Supreme Court · 1867
- Treadwell v. SackettNew York Supreme Court · 1867
3Cited by3 opinions
- Cannon v. DemingSouth Dakota Supreme Court · 1892
- Smedley v. SmithNew York Court of Common Pleas · 1889
- Schwartz v. SoutterNew York Supreme Court · 1886