New York Court of Appeals

Asa L. Rogers, as Assignee for the Benefit of Creditors of the Rogers Manufacturing Company, Appellant v. Charles…

January 11, 1898154 N.Y. 518

Summary

The New York Court of Appeals reversed the General Term's nonsuit and ordered a new trial, holding that the foreign corporation's president had implied authority to execute the general assignment but not to appoint himself as assignee without express authority, that a proper written acknowledgment is required for title transfer, and that the trial court erred by failing to submit the venue question of the acknowledgment to the jury.