Legal Opinion

Manning v. Ogden

New York Supreme Court

Decided June 30, 1893PublishedCited by 6 opinions

Appeal from special term, New York county. Action by John B. Manning, mortgagee of certain premises, to restrain Isaac C. Ogden, a chattel mortgagee, from removing certain mortgaged articles from the premises. Prom an order denying a motion for a temporary injunction, plaintiff appeals.

1Per curiam

August 2, 1892, Eliza Beaudet and Homer I. Beaudet executed a bond to the plaintiff whereby they bound themselves to pay $28,000, and as collateral thereto they executed on the same day a mortgage to the plaintiff on two apartment houses, which mortgage was duly recorded on the day of its date. Afterwards the mortgagor conveyed the premises, subject to the mortgage, to William D. Hotchkiss, by a deed which was duly recorded November 2, 1892. On the 1st day of September, 1892, Hotchkiss conveyed the premises, subject to said mortgage, to James H. Marr, by a deed dated that day, which was…

2Cases cited3 opinions

  1. McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
  2. Fratt v. WhittierCalifornia Supreme Court · 1881
  3. Shaw v. LenkeNew York Court of Common Pleas · 1865

3Cited by6 opinions

  1. New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
  2. Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901
  3. Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Plough v. PetersenCalifornia Court of Appeal · 1956
  5. Frank Adam Electric Co. v. GottliebMissouri Court of Appeals · 1905

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