Legal Opinion
Berman v. Schwartz
New York Supreme Court
Decided December 2, 1968PublishedCited by 10 opinions
1Opinion of the CourtAbraham N. Geller, J.
This is an action brought by an assignee for the benefit of creditors against the holder of a chattel mortgage on assignor’s equipment to recover the correct amount of surplus remaining after such holder’s sale of the equipment conducted to satisfy the indebtedness secured by the mortgage. The assignee received and returned a check marked *185in full payment for $4,796.67 purportedly representing the net surplus, demanding payment in addition thereto of the sum of $15,898.46 representing unearned discount on the loan taken by the mortgagee. Plaintiff assignee has now moved for summary judgment…
2Cases cited8 opinions
- Heirs & Legal Representatives of Williams v. DouglassSupreme Court of Louisiana · 1895
- Sager v. American Investment CompanySupreme Court of Arkansas · 1926
- Feldman v. Kings Highway Savings BankAppellate Division of the Supreme Court of the State of New York · 1951
- Illinois Steel Co. v. O'DonnellIllinois Supreme Court · 1895
- Holman v. HollisSupreme Court of Florida · 1927
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- NML Capital v. Republic of ArgentinaNew York Court of Appeals · 2011
- In Re Solutia Inc.United States Bankruptcy Court, S.D. New York · 2007
- Atlas Financial Corp. v. EzrineAppellate Division of the Supreme Court of the State of New York · 1973
- Aardwoolf Corporation, Formerly Known as Spectrum Development Company, Inc. v. Nelson Capital CorporationCourt of Appeals for the Second Circuit · 1988
- Bostwick-Westbury Corp. v. Commercial Trading Co.Civil Court of the City of New York · 1978
5 more not listed; retrieve them via the Exa API.