Legal Opinion

Davis v. Lawrence-Cedarhurst Bank

Court of Appeals for the Second Circuit

Decided May 20, 1953No. 22610_1PublishedCited by 1 opinion

1Opinion of the Court

SWAN, Chief Judge.

The decision of the district court, In re Arrow Home Appliances, 107 F.Supp. 914, held void as against the mortgagor’s trustee in bankruptcy a chattel mortgage executed by the bankrupt on October 29, 1951. 1 The district court left undisturbed the referee’s finding that a payment of $230 received by the bank on November 30, 1951 from the sale of one of the mortgaged articles was void as a preference. The mortgage was .invalidated for failure to comply with section 230-a of the New York Lien Law, McK.Consol.Laws, c. 38, with respect to notice to creditors. 2 The appellant…

2Cases cited10 opinions

  1. Mott v. ReevesNew York Supreme Court · 1925
  2. Irving Trust Co. v. RosenwasserDistrict Court, S.D. New York · 1934
  3. Jubas v. SampsellCourt of Appeals for the Ninth Circuit · 1950
  4. In re Rosom Utilities, Inc.Court of Appeals for the Second Circuit · 1939
  5. In re SarawCourt of Appeals for the Second Circuit · 1937

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3Cited by1 opinion

  1. Davis v. Lawrence-Cedarhurst BankCourt of Appeals for the Second Circuit · 1953

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