Pratt v. . Stevens
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 30, 1881, which reversed a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 26 Hun, 229.) The nature of the action and the material facts are stated jn the opinion. The penalty fixed by the statute does not attach if an inventory is made and filed within thirty days by the debtor. (Laws 1877, chap. 466, § 3; 1 Abb.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 30, 1881, which reversed a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 26 Hun, 229.) The nature of the action and the material facts are stated jn the opinion. The penalty fixed by the statute does not attach if an inventory is made and filed within thirty days by the debtor. (Laws 1877, chap. 466, § 3; 1 Abb. N. C. 43, 44.) The delivery of the inventory to the clerk of the county judge and the filing by him was a sufficient compliance with…
1Opinion of the CourtMiller, J.
This action was in the nature of a creditor’s bill to set aside a general assignment, made January 12, 1878, by the defendants Stevens and Shepard, to Kidder M. Scott, also a defendant, for the benefit of creditors. The principal ground urged against the validity of the assignment is, that no inventory was made or filed in accordance with the provisions of the statute regulating general assignments (Chap. 466, Laws of 1877). Section 3, subdivision 5, of the statute in question, declares that in case an inventory is not made and filed within thirty days, by the debtor or the assignee, the…
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