Legal Opinion

State Trust Co. v. Casino Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1897PublishedCited by 9 opinions

Appeal by the defendant, Franklin Bien, as receiver of the Casino Company, from a judgment of the Supreme. Court, entered in the office of the clerk of the county of Flew York on the -19th day of January, 1897, upon the decision of the court rendered after a trial at- the New York Special Term, except that portion thereof which dismisses the complaint as to the defendant A. Ryman Maxwell.

1Opinion of the Court

"Williams, J.:

The mortgage being foreclosed was made by the defendant company to secure bonds issued by it. The mortgage covered a leaseliold interest in real property and movable chattels, consisting of scenery, costumes and other theatrical appliances. The lease was a "valuable one; the term was ten years and the rent $12,000 per year; the date of the lease was May 1, 1892, and of the mortgage September 29, 1894. The mortgage was recorded October 9, 1894, and was filed as a chattel mortgage the same day. It was not refiled as a chattel mortgage at the end of the following year, and…

2Cases cited1 opinion

  1. Booth v. . KehoeNew York Court of Appeals · 1877

3Cited by9 opinions

  1. Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
  2. Fort Hamilton Manor, Inc. v. BoylandNew York Court of Appeals · 1958
  3. Widick v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1935
  4. National Hudson River Bank v. ChaskinAppellate Division of the Supreme Court of the State of New York · 1898
  5. Westchester Trust Co. v. Hobby Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1905

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