Levy v. Horn
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, entered in favor of the defendant, dismissing the complaint.
1Opinion of the CourtLehman, J.
The plaintiffs sue a city marshal for . the conversion of the fixtures of a butcher named Wiesinger by levy and sale under an execution duly issued upon a judgment in favor of a creditor of Wiesinger. The plaintiffs hold a mortgage on the fixtures sold. This mortgage was filed on June 9, 1914. The judgment under which the levy was made was obtained on June sixteenth and the execution was issued on June twentieth. The plaintiffs’ mortgage was dated, signed and acknowledged on March 18,1914, and if it actually was made on that date and recorded ten weeks thereafter it was void under the…
2Cases cited2 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Moore v. Prentiss Tool & Supply Co.New York Court of Appeals · 1892
3Cited by4 opinions
- E. L. Jones & Co. v. UnruhSuperior Court of Delaware · 1935
- Gelb v. Third Avenue Railway Co.New York Supreme Court · 1924
- Automobile Service Corp. v. Community Motors Inc.Appellate Court of Illinois · 1941
- Meisel Tire Co. v. FishmanCity of New York Municipal Court · 1937