Cook v. Kelly
New York Court of Common Pleas
Appeal from an order of the special term. The plaintiff, John Cook, brought this action as assignee of a partnership, under the firm of Cornell & Conly, to enjoin the defendants, John Kelly and others, from disposing of the assigned property, and for further relief. He moved, at special term, for an injunction and receiver, but the motion was denied, and he now appealed. The "decision of the motion is reported, 12 Ante, 35.
1Opinion of the Court
By the Court*—Brady, J.
From the opinion of Judge Hilton, delivered at special term (Cook a. Kelly, 12 Abbotts’ Pr., 35), in deciding the motion in this case, it appears that the order which he directed to he entered was based upon a fatal defect in the acknowledgment of the assignment. I do not deem it necessary to add any thing to that opinion, so far as relates to any views therein expressed, but to unite to it some suggestions not stated.
The act of 1860 is in derogation of .the common law, which did not require that assignments should be either proved or acknowledged. Its provisions…
2Cases cited3 opinions
- United States v. FisherSupreme Court of the United States · 1805
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Kelly v. BakerNew York Court of Common Pleas · 1858
3Cited by3 opinions
- In re LawrenceDistrict Court, S.D. New York · 1881
- Tim v. SmithNew York Court of Common Pleas · 1882
- Barker v. Town of OswegatchieNew York Supreme Court · 1890