Legal Opinion
Kommel v. Herb-Gner Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1930PublishedCited by 6 opinions
1Opinion of the CourtMcAvoy, J.
The plaintiff brought an action to foreclose a mortgage, and in the action asked to have it adjudged that the contract of conditional sale, made by the defendant Herb-Gner Construction Co., Inc., the mortgagor, with the defendant Central Chandelier Company, is void under section 67 of the Personal Property Law (as added by Laws of 1922, chap. 642).
The defendant Herb-Gner Construction Co., Inc., executed a mortgage to Samuel Langner and Irving Iierbst, on terms described in the complaint. The mortgagees paid no consideration for the delivery of the mortgage to them, the mortgage having been…
2Cases cited4 opinions
- Jewett v. PalmerNew York Court of Chancery · 1823
- Spicer v. WatersNew York Supreme Court · 1866
- Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Berner v. KayeNew York Court of Common Pleas · 1895
3Cited by6 opinions
- General Motors Acceptance Corp. v. BarnettCity of New York Municipal Court · 1931
- Bankers Trust Co. v. Island Discount Corp.City of New York Municipal Court · 1956
- New York Title & Mortgage Co. v. Mapark Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- G. Goldberg & Sons, Inc. v. Weisberg-Goldman Corp.New York Supreme Court · 1931
- Hobart Holding Co. v. Fortwell Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1931
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