Wood v. Bach
New York Supreme Court
APPEAL by the defendants from, a judgment entered at a special term, on a trial before the court without a jury. • This action is in the nature of a judgment creditors’ bill, and is brought against the judgment debtors and their assignee, to set aside a certain assignment made on the 1st day of August, 1866, and for a receiver.
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APPEAL by the defendants from, a judgment entered at a special term, on a trial before the court without a jury. • This action is in the nature of a judgment creditors’ bill, and is brought against the judgment debtors and their assignee, to set aside a certain assignment made on the 1st day of August, 1866, and for a receiver. The ground on which this relief is sought is set forth in the complaint in these words: “ That the said assignment was made by the said defendants, Jacob L. Bach and Lewis Bach, with the intent to hinder, delay and defraud their creditors; that it was not accompanied…
1Opinion of the CourtCardozo, J.
I am not able to concur- in the view of this case taken by the learned judge before whom it was tried. The statute requires that an officer taking an acknowledgment shall know, or have satisfactory evidence, that the person making such acknowledgment is the individual described in and who executed the conveyance; *143but it nowhere prescribes either how such knowledge shall have been acquired, nor that it must have existed for any definite period of time. That being so, who shall fix a rule by which it shall be determined whether the commissioner was justified either by the length of his…
2Cited by3 opinions
- Stephens v. HeffernanNew York Supreme Court · 1945
- Rexford v. RexfordNew York Supreme Court · 1872
- Schum v. BurchardAppellate Division of the Supreme Court of the State of New York · 1924