Methven v. Staten Island Light, Heat & Power Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from so much of a final decree in this canse as adjudges the lien of the Atlantic Trust Company upon a fund in the custody of the court, part of the assets of the Staten Island Light, Heat & Power Company, a prior lien to that of Anton G. Methfcssel.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from so much of a final decree in this canse as adjudges the lien of the Atlantic Trust Company upon a fund in the custody of the court, part of the assets of the Staten Island Light, Heat & Power Company, a prior lien to that of Anton G. Methfcssel. The suit is a creditor’s suit, in which a receiver of all the property of the Staten Island Light, Heat & Power Company was appointed, Januai'3r 11, 1893. The fund consists of moneys earned by that compunja by furnishing light to the…
1Opinion of the Court
WALLACE, Circuit Judge.
The single question is whether the Atlantic Trust Company or Methfessel acquired the first lien upon the fund in controversy. The only facts in the record which i1 is necessary to refer to are these: The lighting company, February 8, 1890, executed a deed of trust, by which, among other things, it assigned all the moneys to become due and payable from the village under the contract to the trust company. September 12, 1892, the lighting company, by an instrument in writing, assigned to Methfessel all its interest in the contract to the#extent of $2,000, as collatéral…
2Cases cited2 opinions
- Spain v. Hamilton's AdministratorSupreme Court of the United States · 1864
- Judson v. CorcoranSupreme Court of the United States · 1855
3Cited by10 opinions
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- Jack v. National BankSupreme Court of Oklahoma · 1906
- Hess & Skinner Engineering Co. v. TurneyCourt of Appeals of Texas · 1918
- In re Leterman, Becher & Co.Court of Appeals for the Second Circuit · 1919
- Price v. ElmbankDistrict Court, N.D. California · 1896
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