Legal Opinion

Brown v. Leo

Court of Appeals for the Second Circuit

Decided May 3, 1926No. 187PublishedCited by 14 opinions

1Opinion of the CourtHand, Circuit Judge

(after stating tbe facts as above).

It was, of course, irregular to sue out a writ of error to a decree in equity, and a bill of exceptions was unnecessary and improper. However, such errors of form we now ignore, and we shall therefore at once approach tbe case upon the merits. As it concerns tbe title to land, we aré to decide it after tbe law of the state.

It has been the law of New York since 1837, at least, that a chattel mortgage, under which tbe mortgagor not only remains in possession, but is authorized to sell tbe goods and use the proceeds on his own behalf, is a fraud on creditors.…

2Cases cited16 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Southard v. . BennerNew York Court of Appeals · 1878
  3. Skilton v. . CodingtonNew York Court of Appeals · 1906
  4. Brackett v. . HarveyNew York Court of Appeals · 1883
  5. Gardner v. . McEwenNew York Court of Appeals · 1859

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

3Cited by14 opinions

  1. Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1930
  2. In Re Bernard & KatzCourt of Appeals for the Second Circuit · 1930
  3. Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1931
  4. American S. S. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1930
  5. People's Nat. Bank of Hot Springs v. MooreCourt of Appeals for the Eighth Circuit · 1928

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

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