American Mercantile Co. v. Wohlmuth

The question upon this appeal is whether a cause of action for violation of the Bulk Sales Act is assignable by an assignee for creditors of the transferor. Defendants-appellants, who purchased the merchandise in bulk without complying with the requirements of section 44 of the Personal Property Law, appeal from an order denying their motion to dismiss the complaint by the mercantile agency which bought the claim. The insolvency proceeding has been wound up in the State court, and the assignee for creditors has been discharged.

The law is well settled that section 44 of the Personal Property…