Smith v. . Boyd
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of blew York, entered upon an order made at the January term, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of blew York, entered upon an order made at the January term, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 10 Daly, 149.) This action was brought by plaintiff as assignee for the benefit of the creditors of Clinton H. Smith, to recover for the alleged wrongful taking and conversion of property, part of the assigned estate. The complaint was dismissed by the referee on the ground that the assignment was not duly acknowledged.…
1Opinion of the CourtFinch, J.
We do not concur in the ruling which destroys the assignment of the insolvents, because of the defect in the notary’s certificate of acknowledgment. The criticism of its form has a very perceptible and adequate foundation, when the instrument is read by itself, and with no attending circumstances to solve its ambiguity or give meaning to its words. Whether in the light of those circumstances, and applying the admitted canons of construction, it can be read so as to identify the instrument acknowledged, is the question presented for our determination. If the notary had written, instead of the…
2Cases cited4 opinions
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Duval v. CovenhovenNew York Supreme Court · 1830
- Meriam v. HarsenNew York Court of Chancery · 1842
3Cited by16 opinions
- Rogers v. . PellNew York Court of Appeals · 1898
- Bowles v. LowerySupreme Court of Alabama · 1913
- Dabney v. HathawaySupreme Court of Oklahoma · 1915
- Weinstein v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 2007
- In Re New York Investors Mutual Group, Inc.District Court, S.D. New York · 1957
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