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Tilt v. Delaware & Hudson Co.

138 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1912-12-06 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.

Contents
p. 1146
TILT v. DELAWARE & HUDSON CO.
(Supreme Court, Appellate Division, First Department.
December 6, 1912.)

Headnote

Appeal from Special Term, New York County. Action by Edgar M. Tilt, as trustee in bankruptcy of the Smith Lumber Company, against the Delaware & Hudson Company. From a judgment for plaintiff, defendant appeals. Affirmed.
A. Op-dyke, for appellant.
J. A. Houghwout, for respondent.

Judgment and order affirmed, with costs.

McLaughlin, j., dissents.

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, Pa., and that the plaintiff, as trustee in bankruptcy, taking title only of the original creditor, could not enforce a claim that had been transferred.