Legal Opinion

Karst v. Gane

New York Supreme Court

Decided November 13, 1891PublishedCited by 5 opinions

Appeal from special term, New York county. ¡Reversed. Action by Henry Karst against George A. Gane and Robert Dinwiddle, impleaded with others, etc., brought in aid of certain executions on judgments recovered by plaintiff against the firm of Barr & Miller, seeking thereby to remove the lien of two chattel mortgages made by such firm to defendants on property on which plaintiff’s executions were levied. From a judgment for plaintiff defendants appeal.

1Opinion of the CourtDaniels, J.

The appeal has been brought upon the judgment roll alone. By the judgment, executions which had been issued upon judgments in favor of the plaintiff and levied upon the personal property of the debtors, were secured a preference over two chattel mortgages executed by the judgment debtors. These mortgages were made on the 25th of September, 1889, but were not filed until the 7th day of the following month of November. Prior to the execution of the chattel mortgages Edward Barr and Herman C. Miller, the mortgagors, made eight promissory notes, payable to the order of H. Miller, who assigned and…

2Cases cited6 opinions

  1. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  2. Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
  4. Jackson ex dem. Wyck v. SewardNew York Supreme Court · 1825
  5. Keller v. . PaineNew York Court of Appeals · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Noyes v. BraceSouth Dakota Supreme Court · 1896
  2. Hanna v. HurleyMichigan Supreme Court · 1910
  3. In re HansenDistrict Court, S.D. California · 1919
  4. Stephens v. PerrineNew York Supreme Court · 1893
  5. Union National Bank v. OiumNorth Dakota Supreme Court · 1892

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