113 N.Y.S. 852 | N.Y. Sup. Ct. | 1908
Without considering the question of the constitutionality of chapter 722 of the Laws of 1907, which provides that the sale of merchandise in bulk shall be deemed fraudulent and void as against creditors of the sellers unless certain prescribed conditions have been complied with, and which was ostensibly passed to obviate the objections to a similar act known as chapter 528 of the Laws of 1902, declared by the Court of Appeals in the case of Wright v. Hart, 182 N. Y. 330, to be unconstitutional, I am of the opinion that the complaint fails to state a cause of action. It is too well settled to require discussion that a creditor at large has
Demurrer sustained, with costs.