Willi v. Lyon

The defendants contend chiefly that since the complaint does not allege that plaintiffs are judgment creditors, this action, which is brought under section 44 of the Personal Property Law (as amd. by Laws of 1914, chap. 507), commonly known as the “ Bulk Sales Act,” cannot be maintained. But it has been held that “ any creditor of the seller, whether his claim has been put in judgment or not, may sue under the act ” (Touris v. Karantzalis, 170 App. Div. 42, 45), and “ that the remedy g'ven by the statute was intended for the benefit of general creditors, as well as judgment creditors.”…