AM. MERCANTILE CO. v. WOHLMUTH


280 A.D. 571 (1952)

American Mercantile Co., Inc., Respondent, et al., Plaintiffs, v. Harry A. Wohlmuth et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 1952.


Attorney(s) appearing for the Case

Alfred Lyons for appellants.

Norman M. Behr for respondent.

PECK, P. J., and CALLAHAN, J., concur with VAN VOORHIS, J.; BREITEL, J., concurs in result, in opinion.


VAN VOORHIS, J.

The question upon this appeal is whether a cause of action for violation of the Bulk Sales Act is assignable by an assignee for creditors of the transferor. Defendants-appellants, who purchased the merchandise in bulk without complying with the requirements of section 44 of the Personal Property Law, appeal from an order denying their motion to dismiss the complaint by the mercantile agency which...

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