1 Silv. Ct. App. 237
Decided December 7, 1886
New York Court of Appeals · decided 1886-12-07
It appears that on September 28, 1885, the defendants, who were general partners in a limited partnership, made a general assignment for the benefit of their creditors containing preferences, which was recorded on the day following. The assent of the assignee was not embraced in or indorsed upon the assignment before the same was recorded, as required by the act of 1877, chapter 466, section 1.
Decided 1886-12-07
¶1Under the provisions of the Revised Statutes (3 R. S., [7th ed.] 2238, §§ 20, 21), the assignment of September 28, 1885, was void for the reason that it contained preferences. The assignment of October 1, 1885, was therefore valid. Upon this ground the order of the general term should be affirmed.
¶2All concur.