New York Court of Appeals, 1865

Sibell v. . Remsen

Sibell v. . Remsen
New York Court of Appeals · Decided June 5, 1865 · Pobtee
33 N.Y. 95
Sibell v. . Remsen

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Pobtee, J.

The assignment under which the plaintiff claims was made in contemplation of insolvency by a manufacturing corporation organized under the general act of 1848. It falls directly within the prohibition of the statute, which condemns such instruments as utterly void. (1 R. S., 603, § 4; Harris v. Thompson, 15 Barb., 62; Robinson v. Bank of Attica, 21 N. Y., 406.)

The complaint was properly dismissed, and the judgment should be affirmed.

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