Castleman v. . Mayer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 1, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 1, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The chattel mortgage was not filed and there is no evidence in the whole case of a change of possession of the goods mortgaged until January 26, 1897. (Smith v. Beattie, 31 N. Y. 542; Wait on Fraud. Coriv. § 259.) The plaintiff had the right to reach the…
1Opinion of the Court
Parker, Ch. J.
This action was brought in behalf of two judgment creditors of defendant Mayer to reach the proceeds, in the hands of Pryor, of property which once belonged to Mayer. Mayer, having commenced a manufacturing business with seventy-five dollars, attempted to secure an increase of capital, and accordingly, prior to December 31st, 1896, he made an arrangement with the defendant Pryor by which the latter Avas to advance to him certain sums of money not exceeding íavo thousand dollars. Mayer executed an agreement in the nature of a chattel mortgage, by which his entire stock of goods,…
2Cited by5 opinions
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- In re BeedeDistrict Court, N.D. New York · 1905
- In re BeedeDistrict Court, N.D. New York · 1903
- Brunnemer v. Cook & Bernheimer Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Barrett v. MackNew York Supreme Court · 1909