Dissent
p. 884Edgar M. Tilt, as Trustee in Bankruptcy of The Smith Lumber Company, Respondent, v. The Delaware and Hudson Company, Appellant.
Headnote
Appeal from a judgment of the Supreme Court in favor of the plaintiff, entered in the New York county clerk's office on the 8th day of April-, 1913.Judgment and order affirmed, with costs. Ho opinion. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. (Ingraham, P. J., and McLaughlin, J., dissented.)
I dissent on the ground that the instrument dated July 9,1909, was sufficient to transfer title to the indebtedness against the defendant to the Honesdale Dime Bank of Honesdale, Penn., and that,the plaintiff as trustee in bankruptcy taking title only of the original creditor could not enforce a claim that had been transferred.