Legal Opinion

In re the People

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

Decided December 8, 1947Published

1Opinion of the Court

Appeal by claimant from an order, entered in reorganization proceedings on a final accounting by a trustee of a certificated mortgage, insofar as it rejected her claim for an alleged deficiency under a chattel mortgage. Order, insofar as appealed from, affirmed, with $10 costs and disbursements to respondent Manufacturers Trust Company. The pertinent statutes do not require a trial of such a claim in such a proceeding. The rejection of the claim for the alleged deficiency under the chattel mortgage relegated the claimant to an action to enforce the alleged deficiency. In such an action the…

2Cases cited3 opinions

  1. Consumers Brewing Co. v. BraunAppellate Division of the Supreme Court of the State of New York · 1911
  2. Hyer v. SuttonNew York Supreme Court · 1891
  3. Willcox v. PerezAppellate Division of the Supreme Court of the State of New York · 1906

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