Legal Opinion

Schwartz v. Soutter

New York Supreme Court

Decided June 15, 1886Published

Appeal from au order made at Special Term, denying a motion to vacate an attachment.

1Opinion of the Court

Brady, P. J.:

It appears that on the 28th of September, 1885, the defendants, who were general partners in a limited partnership, made a general assignment for the benefit of their creditors, which was recorded on the day following. The assent of the assignee was not embraced in or indorsed upon the assignment before the same was recorded, as required by the act of 1877, chapter 466, section 2. Upon the day of the record the omission just mentioned was discovered, and the acceptance, dated the twenty-eighth of September, was acknowledged on the twenty-ninth and separately recorded at ten…

2Cases cited3 opinions

  1. Hardmann v. . BowenNew York Court of Appeals · 1868
  2. Smith v. BoydNew York Court of Common Pleas · 1884
  3. In re the Assignment of LeahyNew York Court of Common Pleas · 1878

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