Stedman v. . Davis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of October, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of October, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. A creditor cannot be held to have elected to affirm or ratify a void or voidable assignment unless it is proven that he had knowledge of the fact at the time or else that the law held him responsible for such knowledge. (Manning v. Kernan, 73 N. Y. 45;…
1Opinion of the CourtMiller, J.
This action was brought by the plaintiff, as receiver of Andrew M. Smith appointed in proceedings supple mental to execution, upon a judgment in favor of the Sonoma Valley Wine and Brandy Company, against said Smith, who was a resident of Philadelphia and who had made a general assignment under the insolvent law of the State of Pennsylvania, and "against Davis, the assignee, to set aside the assignment. That law provided that all assignments which were not recorded in the county in which the assignor resided within thirty days after the execution thereof should be considered null and void as…
2Cases cited2 opinions
- Bank of Chillicothe v. DodgeNew York Supreme Court · 1850
- The Merchants' Bank of New-York v. . SpaldingNew York Court of Appeals · 1853
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- Mutual Benefit Health & Accident Ass'n v. HolzAppellate Division of the Supreme Court of the State of New York · 1958
- United States v. One Zumstein Briefmarken Katalog 1938District Court, E.D. Pennsylvania · 1938
- Mutual Benefit Health & Accident Ass'n v. HolzAppellate Division of the Supreme Court of the State of New York · 1958