In re the Assignment of Leahy
New York Court of Common Pleas
Application by Herman Hablo and others, creditors, for the removal of Henry H. Stotesbury, a person named as assignee in an assignment made by James Leahy, from the office of assignee, and to compel an accounting.
1Opinion of the CourtJospeh F. Daly, J.
The General Assignment Act of 1877 (§ 3, subd. 5), provides and declares that in case an inventory shall not be made and filed within thirty days by the debtor or the assignee the assignment shall be void. This express enactment cannot be disregarded nor limited. An assignment declared void is as if it had never been. There are no longer assignors or assignees. If the person named as assignee have property which he received under the void instrument, he has no title to it; it may be seized on process against the assignors, and its proceeds in the “ assignee’s ” hands may be reached by…
2Cited by1 opinion
- Schwartz v. SoutterNew York Supreme Court · 1886