Legal Opinion

Bank of Wayne v. Gold

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

Decided July 11, 1911PublishedCited by 4 opinions

Appeal by the plaintiff, The Bank of Wayne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 9th day of January, 1911, upon the decision of the court, rendered after a trial at the Wayne Special Term, dismissing the complaint.

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Appeal by the plaintiff, The Bank of Wayne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 9th day of January, 1911, upon the decision of the court, rendered after a trial at the Wayne Special Term, dismissing the complaint. The action is brought to recover of the trustee in bankruptcy of the W. A. Bostwick Class Company the sum of $1,615.42, the proceeds of property taken possession of and sold by him as property of the bankrupt. Plaintiff’s claim to the fund is predicated upon a chattel mortgage covering the…

1Opinion of the Court

Robson, J.:

That the W. A. Bostwick Class Company was insolvent at the time it gave to plaintiff the chattel mortgage in question *298and that plaintiff then had reasonable cause to believe, and in fact is chargeable with áctual knowledge, that the enforcement of the mortgage would operate as a preference and that a preference was thereby intended within the meaning of that term, as defined by section 60 of the Bankruptcy Act, is amply shown by the proofs presented to .the .trial court. It is true that the mortgage was given as collateral security for the payment of money then loaned the 'glass…

2Cases cited2 opinions

  1. Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
  2. In re the Accounting by SnedekerAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by4 opinions

  1. Eyges v. Boylston Nat. BankDistrict Court, D. Massachusetts · 1923
  2. In re Sutherland Co.District Court, D. Massachusetts · 1917
  3. McKay v. WeagerNew York Supreme Court · 1911
  4. Walters v. ZimmermanDistrict Court, N.D. Ohio · 1913

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