Legal Opinion

Sibell v. . Remsen

New York Court of Appeals

Decided June 5, 1865PublishedCited by 7 opinions

The summons in this case was for relief. The complaint alleged that the plaintiff possessed certain chattels, by virtue of an assignment, duly executed and delivered to him, by the “ Forest and Agricultural Steam Engine Company,” formed under the General Manufacturing act, &c., and that the defendant wrongfully and unlawfully seized said property and took possession of it, and divested plaintiff of his possession of it, and still retains it; and that the property is worth…

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The summons in this case was for relief. The complaint alleged that the plaintiff possessed certain chattels, by virtue of an assignment, duly executed and delivered to him, by the “ Forest and Agricultural Steam Engine Company,” formed under the General Manufacturing act, &c., and that the defendant wrongfully and unlawfully seized said property and took possession of it, and divested plaintiff of his possession of it, and still retains it; and that the property is worth $40,000, in which sum the plaintiff is damnified. The answer denies the making and delivery of the assignment, and also…

1Opinion of the CourtPobtee, J.

The assignment under which the plaintiff claims was made in contemplation of insolvency by a manufacturing corporation organized under the general act of 1848. It falls directly within the prohibition of the statute, which condemns such instruments as utterly void. (1 R. S., 603, § 4; Harris v. Thompson, 15 Barb., 62; Robinson v. Bank of Attica, 21 N. Y., 406.)

The complaint was properly dismissed, and the judgment should be affirmed.

2Cases cited2 opinions

  1. Robinson v. . the Bank of AtticaNew York Court of Appeals · 1860
  2. Harris v. ThompsonNew York Supreme Court · 1853

3Cited by7 opinions

  1. Palmer v. . Van SantvoordNew York Court of Appeals · 1897
  2. Smith v. DanzigNew York Supreme Court · 1883
  3. Excelsior Petroleum Co. v. EmburyNew York Supreme Court · 1875
  4. Muller v. Scandinavian & Finlander's Emigrant Co.The Superior Court of New York City · 1895
  5. Muller v. Scandinavian & Finlanders' Emigrant Co.The Superior Court of the City of New York and Buffalo · 1895

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