Diana Paper Co. v. Wheeler-Green Electric Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrouch, J.
The action as it comes to us relates merely to the respective rights in mortgaged chattels as between defendant Oster, a first chattel mortgagee, whose mortgage contained an after-acquired property clause, and plaintiffs, who were second mortgagees.
The effect of an after-acquired property clause in a chattel mortgage is concisely stated in Titusville Iron Co. v. City of New York (207 N. Y. 203, at p. 209) as follows: “Mortgages or contracts pledging subsequently acquired property, though void at law, will nevertheless be enforced in equity as between mortgagor and mortgagee as agreements to…
2Cases cited7 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Coats v. . DonnellNew York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Irving Trust Co. v. Commercial Factors CorporationCourt of Appeals for the Second Circuit · 1934
- Bank of Manhattan Trust Co. v. Ellda Corp.New York Supreme Court · 1933
- In re BarnettDistrict Court, E.D. New York · 1941
- In re Tonawanda Brewing Corp.District Court, W.D. New York · 1936
- Rosenthal v. 269 West Seventy-second Street Corp.New York Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.