Rogers v. . Pell
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered November 19, 1895, upon an order overruling the exceptions of the plaintiff ordered to he heard in the first instance at General Term, and directing judgment in favor of the defendants.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered November 19, 1895, upon an order overruling the exceptions of the plaintiff ordered to he heard in the first instance at General Term, and directing judgment in favor of the defendants. On the 16th of May, 1893, the Rogers Manufacturing Company, a corporation organized under the laws of the state of Mew Jersey, but carrying on a lumber yard, as its sole business, in this state, made a general assignment for the benefit of creditors to Asa L. Rogers, the plaintiff in this action. The…
1Opinion of the CourtVann, J.
The right of the plaintiff to maintain this action depends upon the validity of the assignment purporting to have been made to him by the Rogers Manufacturing Company, which, although incorporated under the laws of another state, had the power to make a general assignment for the benefit of creditors under the laws of this state, provided such assignment was also valid under the law of the domicile of said corporation. (Vanderpoel v. Gorman, 140 N. Y. 563.) The validity of that assignment is not questioned on the ground of fraud, but because, as it is alleged, it was made without the…
2Cases cited20 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Britton v. . LorenzNew York Court of Appeals · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Matisoff v. DobiNew York Court of Appeals · 1997
- In re Guanacevi Tunnel Co.Court of Appeals for the Second Circuit · 1912
- In re C. Moench & Sons Co.Court of Appeals for the Second Circuit · 1904
- In re James Passero & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
34 more not listed; retrieve them via the Exa API.