State Trust Co. v. Casino Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by The State Trust Company, as trustee, tbe plaintiff in the first-above entitled action, from so much, of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of.
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Appeal by The State Trust Company, as trustee, tbe plaintiff in the first-above entitled action, from so much, of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of. March, 1890, as denied the plaintiff’s motion for an injunction against the defendant A. Ryman Maxwell, and as provides that Franklin Bien, as receiver, is not entitled to the personal property stored with said Maxwell, and that he shall not take possession thereof. Also an appeal by the said State Trust Company, as trustee, from so…
1Opinion of the Court
O’Brien, J.:
The only question presented by the appeals is as to whether Maxwell’s lien for storage charges is paramount to the lien of the mort*384gage, appellant’s claim being that these chattels were covered by the mortgage, and that the claim for storage was subject to the lien of the mortgage; while, on the other hand, it is claimed by the storage warehouseman that the lien of the mortgage had been lost by reason' of the failure to relile the said mortgage as a chattel mortgage before the expiration of the year, as provided by law, and that in consequence his lien for storage was a first lien…
2Cases cited5 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Meech v. . PatchinNew York Court of Appeals · 1856
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Baumann v. PostNew York Court of Common Pleas · 1890
3Cited by8 opinions
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- State Tax Commission v. ShorNew York Supreme Court · 1975
- Industrial Loan Ass'n v. SaulAppellate Terms of the Supreme Court of New York · 1901
- Sebel v. WilliamsCivil Court of the City of New York · 1976
- Guaranty Trust Co. v. Troy Steel Co.New York Supreme Court · 1900
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