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William E. Sibell, Assignee of the Forest and Agricultural Steam Engine Company, Appellant, v. George Remsen, Sheriff of Kings County, Respondent
Pobtee, J.
The assignment under which the plaintiff claims was made in contemplation of insolvency by a manufacturing corporation organized under the general act of 1848. It falls directly within the prohibition of the statute, which condemns such instruments as utterly void. (1 R. S., 603, § 4; Harris v. Thompson, 15 Barb., 62; Robinson v. Bank of Attica, 21 N. Y., 406.)
The complaint was properly dismissed, and the judgment should be affirmed.