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Reports of Cases Decided in the Court of Appeals of the State of New York Volume 148

Reports of Cases Decided in the Court of Appeals of the State of New York Volume 148


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...by nu agent of an assignee under a general assignment for the benefit of creditors, to the end of realizing upon the assigned estate, even if involving an incidental indebtedness on the part of the assignee, may be so adopted and ratified by the latter as to preclude him from thereafter successfully disputing his liability. 2. COMPLETION or CONTRACT 1-"on BENEFIT or-' ASSIGNED EB'l'A.TE--LIABILITY 0E ASSIGNEE--RATIFICATION. If, at the time of the execution of a general assignment for the benefit of creditors, a contract theretofore made with the assignor, for the cutting of timber on land covered by the assignment, is not completed, and the contractor is induced to continue the contract by one who, at the time, lacks authority to bind or represcnt the assignee, and an agent of the assignee sells the lumber cut by the contractor, and the assignee receives the proceeds, with knowledge of the facts or under circumstances which make him chargeable with knowledge, the assignee will be held to have ratified and adopted the previous unauthorized act and will be liable to the contractor for the work so done by him. Mem. of decision below, 78 Hun, 616. (Argued January 81, 1896; decided February 18, 1896.) APPEAL from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which aflirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. D. Fl Searle for appellant. The referee erroneously held that the defendant having received the proceeds and avails of the lumber business which accumulated after the assignment is estopped from denying his liability to pay...


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Product Details
  • ISBN-13: 9781154662009
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 292
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1154662004
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 526 gr


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Reports of Cases Decided in the Court of Appeals of the State of New York Volume 148
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