Tooker v. . Siegel-Cooper Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate . Division of the Supreme Court in the first judicial department, entered May 19,1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The facts as found by the trial court do not sustain the conclusions of law and do not justify the judgment rendered herein.
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Appeal, by permission, from a judgment of the Appellate . Division of the Supreme Court in the first judicial department, entered May 19,1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The facts as found by the trial court do not sustain the conclusions of law and do not justify the judgment rendered herein. The trial court found that the chattel mortgage was filed on the very day on which it was delivered to the mortgagee, SiegehOooper…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff in this suit, being a judgment creditor of the Hotel Regent Company, seeks to reach the proceeds of the sale of certain property of that defendant acquired by the Siegel-Cooper Company upon the foreclosure of a chattel mortgage. In February, 1904, the Hotel Regent Company was indebted to the plaintiff in the sum of $12,000, for which it gave notes to the plaintiff upon which judgments were subsequently recovered. While the plaintiff was thus a creditor of the Hotel Regent Company that corporation executed a chattel mortgage to the Siegel-Cooper Company covering all its assets to…
2Cases cited3 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Conneau v. GeisCalifornia Supreme Court · 1887
- Raymond v. SmithSupreme Court of Connecticut · 1825
3Cited by20 opinions
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- Baker v. HullNew York Court of Appeals · 1929
- Dickinson v. . OliverNew York Court of Appeals · 1909
- McLoughlin v. McLoughlinAppellate Division of the Supreme Court of the State of New York · 1997
- Zamore v. GoldblattCourt of Appeals for the Second Circuit · 1952
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