Mott v. Reeves

Edgcomb, J.:

Section 44 of the Personal Property Law (as amd. by Laws of 1914, chap. 507), making void, as against the creditors of the vendor, any sale, transfer or assignment in bulk of any part, or the whole of a stock of merchandise, unless certain things are done by both seller and buyer, is in derogation of the common law, and of one’s right to dispose of his property without restriction, and must, therefore, be strictly construed.

Giving to the statute the accurate interpretation required, defendant insists that the plaintiff is not entitled to recover for three reasons, viz.: (1) That…