Burdick v. Post & Huntting
New York Supreme Court
This was an appeal from the decision of Mr. Justice McCoun, made at the special term held in Suffolk county, on the 2d of September, 1850, denying the motion of the appellants, who were defendants in the suit, to dismiss the complaint of the respondent, the plaintiff in the suit, and adjudging that the assignment from Gr.
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This was an appeal from the decision of Mr. Justice McCoun, made at the special term held in Suffolk county, on the 2d of September, 1850, denying the motion of the appellants, who were defendants in the suit, to dismiss the complaint of the respondent, the plaintiff in the suit, and adjudging that the assignment from Gr. The appellant, Henry H. Huntting, and his partner, Gilbert 0. Huntting, (now deceased,) composing the then firm of G. & H. Huntting, made an assigmont, bearing date the 18th of September, 1848, to the appellant, William R. Post, as trustee, of all their estate, real and…
1Opinion of the CourtBarctjlo, J.
We would have been content with a silent affirmance of the judgment rendered at the specialterm, in this case, upon the authority of Barney v. Griffin et al. (2 Comst. 365;) but the more recent case of Nicholson v. Leavitt,(a) in the superior court of the city of New-York, has been pressed upon us as a counter and paramount authority; and as one of the members of this court now dissents from our conclusions, we feel constrained to set forth our reasons for concurring with the former, and rejecting the latter decision.
The assignment in question provides that the assignee “ shall take…
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