Sherman v. Jenkins

The assignment to the defendant, on its face, was a valid assignment, The burden, therefore, was on the plaintiff to prove that it was invalid for reasons outside of the record. Hooper v. Baillie, 118 N. Y. 413, 23 N. E. Rep. 569. I have been unable to find anything in the evidence in the case proving, or tending to prove, that the member of the copartnership who signed the instrument of assignment was not authorized to do so by his copartner, as set forth in the acknowledgment. The defendant would therefore lawfully become possessed of all the copartnership property. The olamtiff’s assignor…