Legal Opinion

In re O'Connor

District Court, E.D. New York

Decided August 7, 1899PublishedCited by 7 opinions

In Bankruptcy.

1Opinion of the Court

THOMAS, District Judge.

On May 2d O’Connor filed a petition in bankruptcy. More than four mouths prior thereto Goodman began a creditor’s action to avoid a fraudulent salo of chattels by O’Connor, wherein, on May 1st, was appointed a receiver, who qualified after May 2d. Did the creditor thereby acquire a lien? The inception of Uie creditor's action created no lien as against a subsequent levy in favor of other creditors, but the appointment of the receiver operated as an equitable levy and sequestration of the chattels for the benefit of the plaintiff in the action, and perfected the lien.…

2Cases cited3 opinions

  1. First National Bank v. . ShulerNew York Court of Appeals · 1897
  2. Brown v. . NicholsNew York Court of Appeals · 1870
  3. Kitchen v. . LoweryNew York Court of Appeals · 1891

3Cited by7 opinions

  1. In re RichardsCourt of Appeals for the Seventh Circuit · 1899
  2. McKenney v. CheneySupreme Court of Georgia · 1903
  3. Cavanaugh v. FenleySupreme Court of Minnesota · 1905
  4. In re VaughanDistrict Court, S.D. New York · 1899
  5. Severin v. RobinsonIndiana Court of Appeals · 1901

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