Ratchford v. Cayuga County Cold Storage & Warehouse Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10,1914, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10,1914, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The York Manufacturing Company, by bringing an action against the Cayuga County Cold Storage and Warehouse Company for goods sold and delivered, prosecuting the same to judgment and making said judgment a lien on other property, thereby elected to…
1Opinion of the CourtCardozo, J.
The action is brought to foreclose a mortgage. The mortgage was made by the Cayuga County Cold Storage and Warehouse Company on December 1, 1909, and covers its plant in the city of Auburn. The mortgaged property includes “all machinery, pipes, refrigerating apparatus, appliances, etc., now upon said premises or hereafter to be acquired.” After the execution of the mortgage, the respondent York Manufacturing Company sold to the Cayuga County Cold Storage and Warehouse Company refrigerating machinery and apparatus under a contract of conditional sale. The machinery and apparatus did not cease…
2Cases cited16 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Elterman v. . HymanNew York Court of Appeals · 1908
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Central Union Gas Co. v. . BrowningNew York Court of Appeals · 1913
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
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3Cited by33 opinions
- Leasco Data Processing Equipment Corp. v. Atlas Shirt Co.Civil Court of the City of New York · 1971
- Paso Builders, Inc. v. HebardNevada Supreme Court · 1967
- Flickinger v. . GlassNew York Court of Appeals · 1918
- George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- De Bevoise v. Maple Avenue Construction Co.New York Court of Appeals · 1920
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