The Superior Court of New York City, 1866

Denzer v. Mundy

Denzer v. Mundy
The Superior Court of New York City · Decided August 15, 1866
5 Rob. 636
Denzer v. Mundy

Opinion

1. An attachment cannot be sustained against the property of a debtor upon an allegation of the removal of the property of such debtor from his store by a‘ third person claiming to be his assignee, merely because there is no assignment filed in the clerk’s office, although a general charge of a fraudulent assignment by the debtor, to cheat and defraud Ms creditors, is sworn to.

3. A neglect to record an assignment within the statutory period fixed therefor, does not make it fraudulent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.