Legal Opinion

Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., Bankrupt

Court of Appeals for the Second Circuit

Decided November 9, 1965No. 29812_1PublishedCited by 42 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

The Trustee in Bankruptcy appeals from a judgment of the District Court which reversed an order by the Referee in Bankruptcy which rejected the claim of the appellee, Dutch American Mercantile Corporation, that it was a preferred lien creditor as an equitable assignee or equitable lienor or as the beneficiary of a constructive trust. We reverse the judgment below and let stand the order of the Referee.

On October 23, 1959, Blanmill Realty Corp. loaned $87,000 to Itemlab, Inc., evidenced by Itemlab’s note in that amount and secured by a chattel mortgage, which was duly…

2Cases cited18 opinions

  1. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  2. In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
  3. Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
  4. National Live Stock Bank v. First National BankSupreme Court of the United States · 1906
  5. Alex Wolf as Trustee in Bankruptcy of Regent Case Co., Inc., Bankrupt v. Aero Factors CorporationCourt of Appeals for the Second Circuit · 1955

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3Cited by42 opinions

  1. Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  2. Kathryn Strom v. Goldman, Sachs & Co. And Goldman, Sachs & Co. Supplemental Life Insurance PlanCourt of Appeals for the Second Circuit · 1999
  3. Superintendent of Insurance for New York v. Ochs (In re First Central Financial Corp.)Court of Appeals for the Second Circuit · 2004
  4. Cohen v. CohenSupreme Court of Connecticut · 1980
  5. Thunderbird Motor Freight Lines, Inc. v. Penn-Dixie Steel Corp. (In Re Penn-Dixie Steel Corp.)United States Bankruptcy Court, S.D. New York · 1980

37 more not listed; retrieve them via the Exa API.

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