Legal Opinion

Salmon v. Norris

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

Decided July 1, 1903PublishedCited by 6 opinions

Appeal by the plaintiffs, Hamilton H. Salmon and another, from that portion of a judgment of the Supreme Court in part in favor of the plaintiffs and in part in favor of the defendant Charles J. Norris, bearing date the 14th day of March, 1902, and. entered in the office of the clerk of the county of Kings, upon the decision of the court rendered after a trial at the Kings County Special Term, adjudging that as to the defendant Charles J. Norris the plaintiffs are not…

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Appeal by the plaintiffs, Hamilton H. Salmon and another, from that portion of a judgment of the Supreme Court in part in favor of the plaintiffs and in part in favor of the defendant Charles J. Norris, bearing date the 14th day of March, 1902, and. entered in the office of the clerk of the county of Kings, upon the decision of the court rendered after a trial at the Kings County Special Term, adjudging that as to the defendant Charles J. Norris the plaintiffs are not entitled to the injunction asked for and dismissing the complaint as to said defendant.

1Opinion of the Court

Goódbioh, P. J.

This action is in equity; the complaint prays judgment that a chattel mortgage made to the plaintiffs No. 3 (below) is a lien on the chattels therein mentioned and is prior in lien to two chattel mortgages thereon, Nos. 1 and 2, assigned to the defendant Norris; that such mortgages are fraudulent as against the plaintiffs, and that they should be permitted to sell the chattels free from all liens. The court- dismissed the complaint and the plaintiffs appeal.

The mortgages in question are as follows: No. 1, mortgage by Hyman Berman to T. B. Chapman, for $400, dated November 25,…

2Cases cited4 opinions

  1. Williamson v. . BrownNew York Court of Appeals · 1857
  2. Stearns v. . GageNew York Court of Appeals · 1879
  3. Jewett v. PalmerNew York Court of Chancery · 1823
  4. Spicer v. WatersNew York Supreme Court · 1866

3Cited by6 opinions

  1. Imig v. McDonaldIdaho Supreme Court · 1955
  2. Maggio v. AciernoNew York Supreme Court · 1923
  3. Pierce v. Westby State BankWisconsin Supreme Court · 1935
  4. United States Mortgage & Trust Co. v. Eastern Iron Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Rettagliatta v. HaywardAppellate Division of the Supreme Court of the State of New York · 1903

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