Texas Co. v. Drexelius

The plaintiff brings action pursuant to the Bulk Sales Act. (Pers. Prop. Law, § 44.) The defendants Ferdinand were at all times herein copartners in trade.

*372Plaintiff seeks to set aside a sale of a grocery and delicatessen store in the village of Williamsville, N. Y., made by defendants Ferdinand to the defendant Drexelius, by reason of the alleged failure of the parties to comply with the statute aforesaid. One of the two defendants Ferdinand furnished the buyer with a purported certificate under oath to the effect that it contained a fist of all the creditors of the grocery and delicatessen…