Warner v. Jaffray (96 N.Y. 248, 1884)

Earl, J.

On the 1st day of Afoffl881, at Jamestown in this State, DeForest Weld, a resident of that place, made an assignment to the plaintiff for the benefit of his creditors. The assignment was acknowledged, and delivered to and accepted by the assignee at two o’clock in the afternoon of that day, but it was not recorded in the clerk’s office of Chautauqua county until eight o’clock, A. m., of the next day. At the time of the execution of the assignment the assignor owned a large amount of personal property, situated at the place of his residence, and also in Crawford and Warren counties in the State of Pennsylvania. The assignment was recorded in Craw-, ford county March 18, and in Warren county March 19, 1881. The defendants were residents of the city of Hew York, and creditors to a large amount of the assignor. On the 1st day of March, after the execution and delivery of the assignment, they commenced actions against the assignor in Crawford and Warren counties, and in each of those counties process of foreign attachment was issued, and by virtue thereof in the afternoon of the 1st day of March, between three and four o’clock, the property of the assignor in each of those two counties was attached, the defendants at the time of the service of the attachments having no actual notice of the assignment made by Weld. The plaintiff having first demanded possession of the property attached of the sheriffs who served the attachments, commenced this action against these defendants I to restrain them from further proceeding under the attach-n ments, and thus far he has been unsuccessful. The sole ques-g | tion for our determination is whether the assignment made in j | this State was effectual to transfer the assignor's property situ-1 I ated in Pennsylvania so that it could not afterward be attached j > there as his property by creditors going there from this State. | The assignment took effect from the time of its delivery. Section 2 of chapter 466 of the Laws of 1877 (the General Assignment Act) provides how a general assignment for the benefit of creditors shall be executed. It must be in writing and acknowledged, and the assignee must assent thereto in writ-in