SIBELL v. REMSEN

PORTER, 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.