Hardin v. Dolge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Walter N. Kernan, as assignee for the benefit of creditors of Alfred Dolge, and Albert M. Mills, as receiver, etc., of Alfred Dolge & Son, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 20th day of June, 1898, upon the decision of the court rendered after' a trial at the ■Oneida Special Term, except that portion thereof adjudging that all machinery not permanently,…
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Appeal by the defendants, Walter N. Kernan, as assignee for the benefit of creditors of Alfred Dolge, and Albert M. Mills, as receiver, etc., of Alfred Dolge & Son, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 20th day of June, 1898, upon the decision of the court rendered after' a trial at the ■Oneida Special Term, except that portion thereof adjudging that all machinery not permanently, attached to the .freehold, belongs to the defendant Albert M. Mills, as receiver, or Walter N. Kernan, as assignee, and…
1Opinion of the Court
Adams, J.:
As incidental to the main contention of the defendants’ counsel it is urged that the property covered by the mortgage in suit is not the property of the mortgagor, hut of the firm of Alfred Dolge & Son, and upon these assumed premises it is argued that such mortgage is a lien upon only the individual interest of the member of the firm who executed the same.
Without entering into any extended discussion of this proposition, we think it is sufficiently answered by the fact, conceded upon the trial, that at the date of the mortgage the record title to the property embraced therein was…
2Cases cited12 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Pope v. . AllenNew York Court of Appeals · 1882
- Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
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3Cited by5 opinions
- Hammond v. Carthage Sulphite Pulp & Paper Co.Court of Appeals for the Second Circuit · 1925
- Skilton v. CodingtonAppellate Division of the Supreme Court of the State of New York · 1903
- Boshart v. KirleyNew York Supreme Court · 1901
- Quinn v. ReedNew York Supreme Court · 1914
- Roy E. Hays Co. v. PiersonWyoming Supreme Court · 1925