Legal Opinion

In re the Assignment of Cohen

New York Court of Common Pleas

Decided September 15, 1885Published

Application for the removal of an assignee under a general assignment for benefit of-creditors. The facts are stated in the opinion.

1Opinion of the Court

Charles P. Daly, Chief Justice.

Where a statute declares what is to be done in giving notice, it must he strictly followed. But except in those particulars which the statute specifies, everything else in reference to the notice is under the control of the courts. All that the stat*311ute here specifies is, that due notice of not less than five days of the motion to remove the assignee is to he given to the assignor. Where the term “ due notice ” is used in a statute, it is generally understood as referring to the length of time that is to be given (Wade on the Law of Notice § 1324), and it has no…

2Cases cited2 opinions

  1. Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Brown v. TurnerSupreme Court of Alabama · 1849

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