Linderman v. Hastings Card & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lewelon E. Linderman, and Edmund L. Baylies, as trustee under the will of Herman 0. Le Roy, deceased,’ from a final judgment of the Supreme Court in favor of the defend-, ant John W.. Axford, entered in the office .of the clerk of the county of New York on the 12th day of July, 1898, upon the. decision of the court, rendered' after a trial at the New York-Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiffs, Lewelon E. Linderman, and Edmund L. Baylies, as trustee under the will of Herman 0. Le Roy, deceased,’ from a final judgment of the Supreme Court in favor of the defend-, ant John W.. Axford, entered in the office .of the clerk of the county of New York on the 12th day of July, 1898, upon the. decision of the court, rendered' after a trial at the New York-Special Term, dismissing the complaint upon the merits. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Per Curiam :
We think this case was properly disposed of at the Special Term upon the grounds set forth in the two opinions of Mr. Justice Walter Lloyd Smith. We concur in his conclusions that the general *489assignment made to the respondent Axford for the benefit of the •creditors of the corporation, was not in contravention of- the provisions of section 48 of the Stock Corporation Law (Laws, of 1890, chap. 564, as amd. by Laws of 1892, chap. 688), or invalidated by reason of lacking a proper certificate of acknowledgment, so long as the proof showed that it was, in fact, duly acknowledged as…
2Cases cited1 opinion
- Rogers v. . PellNew York Court of Appeals · 1898
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- Munzinger v. United PressAppellate Division of the Supreme Court of the State of New York · 1900
- Agin v. Green Tree Servicing, LLC (In re Shubert)United States Bankruptcy Court, D. Massachusetts · 2015
- Sage v. StaffordAppellate Division of the Supreme Court of the State of New York · 1899
- In re James Passero & Sons, Inc.New York Supreme Court · 1931