Breeze v. . Bayne
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1909, affirming a judgment in favor of defendants'entered upon a decision of the court at a Trial Term, a jury having been waived.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1909, affirming a judgment in favor of defendants'entered upon a decision of the court at a Trial Term, a jury having been waived. On February 25, 1907, Elbert Bane executed and delivered to Fred Fisher an instrument in writing, including a chattel mortgage, upon certain property therein described, which instrument was duly filed as a chattel mortgage on February 27, 1907. On February 27, 1907, said Bane executed and delivered to said Fisher another chattel mortgage on…
1Opinion of the CourtChase, J.
The only question for our consideration is whether the findings of fact support the conclusions of law based thereon.
It is provided by the Lien Law (Cons. Laws, ch. 33, § 235) as follows: “A chattel mortgage, .* * • * shall be invalid as against creditors of the mortgagor * * * after the expiration of the first or any succeeding term of one year, reckoning from the time of the first filing, unless, “ 1. Within thirty days next preceding the expiration of each such term, a statement containing a" description of such mortgage, the names of the parties, the time when and place where filed, the…
2Cases cited8 opinions
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Steele v. . BenhamNew York Court of Appeals · 1881
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Tremaine v. . MortimerNew York Court of Appeals · 1891
- Porter v. . ParmleyNew York Court of Appeals · 1873
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3Cited by3 opinions
- Security First National Bank v. SartoriCalifornia Court of Appeal · 1939
- Crutts v. DalyNew York Supreme Court · 1914
- Hartford Acceptance Corp. v. KirchheimerCity of New York Municipal Court · 1938