Legal Opinion
In re the General Assignment for the Benefit of Creditors of Thelmco, Inc.
New York Supreme Court
Decided April 4, 1940PublishedCited by 4 opinions
1Opinion of the CourtSmith, J.
On March 14, 1940, Thelmco, Inc., executed and delivered 'a chattel mortgage upon various fixtures owned by it to secure the payment of a certain loan. No circumstances are alleged which suggest in any way that this instrument was collusiveiy executed for the purpose of defrauding other creditors. The said instrument provides that all moneys due upon the mortgage shall immediately become payable and that the mortgagee shall become entitled to immediate and exclusive possession of the mortgaged property upon the occurrence of any one of the following contingencies: In the event that the…
2Cases cited3 opinions
- In re the Assignment for the Benefit of Creditors By PellegriniAppellate Division of the Supreme Court of the State of New York · 1936
- Wyckoff v. RemsenNew York Court of Chancery · 1845
- Lain v. SayerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Cherno v. Bank of BabylonNew York Supreme Court · 1967
- Florence Trading Corp. v. RosenbergCourt of Appeals for the Second Circuit · 1942
- In re the General Assignment for the Benefit of Creditors of Mercantile Dye Works, Inc.New York Supreme Court · 1941
- In re Bowley & Travers, Inc.District Court, E.D. New York · 1961