Burmeister v. Koster
New York Supreme Court
Action to set aside chattel mortgage as in fraud of the rights of the plaintiffs, judgment creditors of the mortgagors, and for accounting of property received by the mortgagee when taking possession under the terms of said mortgage, and for the appointment of a receiver of" the moneys which may be found due upon said accounting.
1Opinion of the CourtBischoff, J.
There is no substantial dispute as to the facts, and the question presented in this action is whether the mortgage made by the defendant Shulz and one Hurley *374to the defendant Koster was avoidable at the suit of these plaintiffs, who obtained their judgment after possession was taken by the mortgagee under the' terms of the mortgage, but for a debt due from the mortgagors prior to the takirig of possession. The mortgage covered a grocery store, the stock of groceries and provisions and other chattels therein contained, as well as certain fixtures and a horse and wagon used in the business, and…
2Cases cited3 opinions
- Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903
- First National Bank of Waterloo v. . ZartmanNew York Court of Appeals · 1907
- Zartman v. First National Bank of WaterlooAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- In re VolenceDistrict Court, S.D. New York · 1910