In re the General Assignment for the Benefit of Creditors of Mercantile Dye Works, Inc.
New York Supreme Court
1Opinion of the CourtWalter, J.
A chattel mortgage contained the provision that if the mortgagor should make an assignment for the benefit of creditors the indebtedness secured should become due and payable at once at the option of the mortgagee, and that the mortgagee might then take possession of and sell the mortgaged property. It also provided that if ■ the mortgagee retained counsel for the purpose of collecting any moneys due under the mortgage, or to recover the mortgaged property or to protect the interest of the mortgagee therein by reason of a default, the mortgagor agreed to pay the fee of such counsel, the…
2Cases cited4 opinions
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- Waxman v. WilliamsonNew York Court of Appeals · 1931
- Commercial Investment Trust, Inc. v. EskewNew York Supreme Court · 1925
- In re the General Assignment for the Benefit of Creditors of Thelmco, Inc.New York Supreme Court · 1940
3Cited by5 opinions
- In Re Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, TrusteeCourt of Appeals for the Second Circuit · 1976
- Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Florence Trading Corp. v. RosenbergCourt of Appeals for the Second Circuit · 1942
- In Re Magnus Harmonica CorporationDistrict Court, D. New Jersey · 1958
- Manufacturers Trust Co. v. CavellNew York Supreme Court · 1954